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Spite Fences in Maine: How to Handle Neighbor Disputes and Protect Your Rights


Understanding Spite Fences in Maine



Spite fences are an issue that often leads to heated legal battles between neighbors. In Maine, a fence that is excessively high and built solely to annoy or harm a neighbor may be deemed unlawful. Under Maine law (Title 17, §2801), any structure over six feet in height, erected unnecessarily and maliciously, could be classified as a private nuisance.

🔍 Key Consideration:
- If a fence serves no legitimate purpose other than blocking a neighbor’s view or creating inconvenience, it may be challenged legally.

Legal Grounds for Challenging a Spite Fence



If you believe your neighbor has constructed a spite fence, there are specific legal grounds upon which you can file a complaint:

⚖ Unreasonable Interference with Enjoyment of Property
- If the fence obstructs light, air, or access to your property, it may be deemed a nuisance.

📜 Violation of Local Zoning Laws
- Many towns have ordinances regulating fence height and placement. Reviewing your local zoning codes can help you determine if the fence is illegal.

🏛 Intent Matters
- Courts often consider whether the fence was built with malice. If it serves no useful function, such as privacy or security, but only to harass a neighbor, it may be deemed unlawful.

Steps to Address a Neighbor Dispute Over a Spite Fence



If you’re dealing with a spite fence, taking the right approach can save time and legal costs.

🗣 1. Open Communication
- Before taking legal action, attempt to resolve the dispute by talking with your neighbor. Sometimes fences are put up due to misunderstandings that can be resolved amicably.

📄 2. Check Local Regulations
- Review town ordinances and zoning regulations to see if the fence violates height or placement restrictions.

📝 3. Document Evidence
- Take photographs of the fence, note when it was built, and record any communications with your neighbor. If legal action becomes necessary, this evidence will support your case.

📌 4. Seek Mediation
- Mediation can help resolve disputes without going to court. Many communities have free or low-cost mediation services to assist in neighbor conflicts.

⚖ 5. File a Legal Claim if Necessary
- If all else fails, you may need to file a lawsuit for nuisance or violation of local laws. Consulting an attorney specializing in Maine property law is advisable.

Possible Legal Remedies and Compensation



If a court determines that the fence is a nuisance, several outcomes are possible:

🔨 Court-Ordered Removal
- The judge may order the neighbor to take down the fence or modify it to comply with regulations.

💰 Financial Compensation
- If the fence has decreased your property value or caused emotional distress, the court may award damages for losses incurred.

❌ Injunctions Against Further Nuisance
- In some cases, courts issue injunctions preventing further construction of similar nuisances.

Preventing Future Fence Disputes



To avoid conflict with neighbors regarding fences, consider these proactive measures:

📝 Know Your Boundaries
- Ensure any structure you build is within your property line by consulting a land surveyor if needed.

📢 Communicate Before Building
- Inform neighbors before constructing a fence, especially if it affects shared views or boundaries.

📜 Follow Local Ordinances
- Understanding and adhering to local zoning laws prevents potential disputes from arising later.

💡 Use Alternatives to Fencing
- Planting hedges or installing lattice screens instead of solid fences may provide privacy without escalating tensions between neighbors.

By understanding Maine’s laws on spite fences and approaching disputes strategically, you can protect your rights and maintain better relationships with neighbors.
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