Neighbors who don't get along often do everything in their power to avoid each other, and this includes erecting fences between their properties. However, sometimes people even take this innocuous act too far and erect fences that are too big, too ugly, or a combination of both. Here's more information about spite fences and your options for getting a neighbor who erects one to take it down.
Spite Fences are Designed to Annoy
Spite fences are exactly how they sound. They are constructed in such a way as to aggravate or harm neighbors (or whole neighborhoods in some cases) as much as possible. For example, one person may construct a 20-foot-tall fence and paint it lime green to create an eyesore to the residents living nearby.
Although most spite fences are actual fences made from wood or metal, the term applies to any type of barrier nuisance. This includes the planting of trees or shrubs in a way that obstructs other people's rights, calls undue attention to the property, or any other malicious reasons.
Ways to Take Down a Spite Fence
Because of the harm spite fences can do to property values and neighborhood peace, many states have enacted laws that prohibit their erection. Many times, however, people don't have to go that far to resolve this particular issue. These types of fences are typically erected in reaction to interpersonal problems between the homeowner and the intended target, so resolving the underlying issues will usually result in the offender taking down the structure.
If that doesn't work, the next step is to enlist the help of the homeowner's association. The job of an HOA is to maintain property values as well as foster a sense of community. To accomplish this, they typically develop a list of rules regulating what homeowners can and cannot do with their properties. Thus, if the offender is in violation of the HOA rules, the association will step in to force the homeowner to adhere to them.
Since suing in court can be expensive, it should be used as a last resort. In fact, even threatening a lawsuit and following up with a letter from an attorney will sometimes force an offender to remove a spite fence just to avoid the embarrassment and expense of going to court.
For particularly stubborn neighbors who refuse to go down without a fight, you can sue for relief using your state's spite fence or nuisance laws. It's best to consult with a real estate attorney for advice on the best way to proceed with your case. For more information about this or other real estate problem, contact an attorney like Steve Butcher Sr today.
