What to Do About Spite Fences in New Hampshire

Understanding Spite Fences in New Hampshire

🏡 Neighborly disputes are unfortunately a common occurrence. In New Hampshire, one of the most visible manifestations of these disagreements is the "spite fence." But what exactly is a spite fence, and what recourse do you have if your neighbor erects one?

A spite fence, generally speaking, is a structure (not always a fence) built by a property owner not for any reasonable purpose, but primarily, if not exclusively, to annoy, harass, or obstruct the view or access of a neighbor. The key element is malice. New Hampshire, like many states, has legal principles and potentially local ordinances that address such constructions.

Is it Really a Spite Fence? Defining the Elements in NH

⚖️ Determining whether a fence qualifies as a spite fence in New Hampshire requires considering several factors. It's not simply a fence you dislike; the law looks at the intent and impact behind it.

• Motive: Was the primary motive of the fence's construction to harm or annoy you? This is often the hardest element to prove. Evidence of prior disputes, threats, or unusual circumstances surrounding the fence's construction can be helpful.
• Height and Location: While there's no specific height limit that automatically defines a structure as a spite fence statewide in New Hampshire, unusually tall fences or those placed very close to the property line can raise suspicion, especially if they serve no other practical purpose. Check local town ordinances as they often regulate fence heights.
• Lack of Reasonable Purpose: Does the fence serve any legitimate purpose for the property owner, such as providing privacy, security, or containing animals? If the answer is no, it strengthens the argument that it's a spite fence.
• Impact on the Neighbor: Does the fence significantly obstruct sunlight, block views, or otherwise negatively impact the neighbor's enjoyment of their property? This impact is more persuasive when combined with evidence of malicious intent.

New Hampshire Laws and Regulations: Where to Look

🧐 Unlike some states, New Hampshire doesn't have a specific statute explicitly labeled "spite fence law." However, general legal principles and local ordinances can provide avenues for recourse.

• Nuisance Law: A spite fence can potentially be considered a private nuisance. A nuisance is something that substantially and unreasonably interferes with another person's use and enjoyment of their property. To succeed on a nuisance claim, you'll need to demonstrate that the fence's interference is significant and unreasonable, and that it substantially harms you.
• Local Ordinances: This is crucial! New Hampshire is a state with strong local control. Each town or city likely has its own zoning ordinances and building codes. These ordinances often regulate fence height, materials, and placement. Check with your town hall or city clerk's office to obtain a copy of the applicable regulations. A fence that violates these ordinances, even if not strictly a "spite fence," can be subject to enforcement actions.
• Easements and Restrictive Covenants: Review your property deed and any associated documents for easements or restrictive covenants that might limit fence construction. These agreements can sometimes prevent a neighbor from building a fence that obstructs views or access.
• "Good Neighbor" Fencing Laws (Limited Applicability): Some states have laws requiring neighbors to share the cost of a boundary fence. New Hampshire does *not* have a broad "good neighbor" fencing law that dictates cost-sharing. The obligation to build or maintain a fence typically falls on the property owner who desires it. However, agreements between neighbors to share fencing costs are perfectly valid and enforceable.

Gathering Evidence: Building Your Case

📸 If you believe your neighbor has erected a spite fence, it's crucial to gather evidence to support your claim. Strong evidence is essential for any legal action.

• Photographs and Videos: Document the fence's height, location, materials, and its impact on your property. Take photos at different times of day to show how it blocks sunlight or obstructs views.
• Communication Records: Keep records of all communications with your neighbor, including emails, letters, and text messages. Note the dates, times, and content of any conversations. If there are threats, save them!
• Witness Testimony: If other neighbors have witnessed the construction of the fence or have information about your neighbor's motives, ask them if they would be willing to provide a statement.
• Property Survey: A professional survey can accurately determine the fence's location in relation to the property line and confirm any violations of setback requirements.
• Assess the impact: How has the fence reduced your property value? Is there less light? Is it blocking a beautiful view, making it harder to sell your home?

Steps to Take: From Dialogue to Legal Action

🤝 Before resorting to legal action, consider less confrontational approaches. Often, a simple conversation can resolve the issue.

• Talk to Your Neighbor: Start by calmly and respectfully discussing your concerns with your neighbor. Explain how the fence is affecting you and try to find a mutually agreeable solution. Document the conversation.
• Mediation: If direct communication fails, consider mediation. A neutral third party can help facilitate a discussion and guide you and your neighbor toward a compromise. Many communities in New Hampshire offer mediation services.
• Send a Demand Letter: If mediation is unsuccessful or inappropriate, have an attorney send a formal demand letter to your neighbor. The letter should outline your concerns, explain the legal basis for your claim, and demand that the fence be removed or modified.
• File a Lawsuit: If all else fails, you may need to file a lawsuit seeking an injunction to compel the removal or modification of the fence. This is usually a last resort, as litigation can be costly and time-consuming.
• Notify the Town/City: If the fence violates local ordinances, notify your town or city's code enforcement department. They may investigate and issue a notice of violation to your neighbor.

Legal Remedies and Potential Compensation

💰 If you are successful in proving that the fence is a spite fence or violates local ordinances, the court may order the neighbor to:

• Remove the Fence: This is the most common remedy.
• Modify the Fence: The court may order the neighbor to lower the fence, remove certain sections, or make other changes to mitigate its negative impact.
• Pay Damages: In some cases, you may be able to recover monetary damages to compensate you for the harm caused by the fence, such as diminished property value or emotional distress. Proving these damages can be challenging.
• Pay Attorney's Fees: New Hampshire follows the "American Rule," which generally means that each party is responsible for their own attorney's fees unless a statute or contract provides otherwise. There is no statute allowing for attorney's fees in a spite fence case.

Preventing Spite Fences: Proactive Measures

🛡️ While you can't always prevent a neighbor from erecting a spite fence, you can take steps to minimize the risk and protect your rights.

• Maintain Good Neighborly Relations: A friendly relationship with your neighbors can often prevent disputes from escalating. Communicate openly and try to resolve disagreements amicably.
• Know Your Property Boundaries: Ensure that you and your neighbors are clear about the location of your property lines. Consider having a professional survey done to avoid boundary disputes.
• Review Local Ordinances: Familiarize yourself with your town or city's zoning ordinances and building codes. This will help you understand your rights and responsibilities regarding fence construction.
• Document Everything: Keep records of all communications with your neighbors, including emails, letters, and conversations. This documentation can be valuable if a dispute arises.

The Importance of Legal Counsel

👨‍⚖️ Neighbor disputes, especially those involving spite fences, can be complex and emotionally charged. It is highly recommended that you consult with an experienced New Hampshire real estate attorney who can advise you on your legal rights and options. An attorney can help you gather evidence, negotiate with your neighbor, and represent you in court if necessary.

Ignoring a spite fence issue can have long-term consequences, including decreased property value and ongoing stress. Taking prompt and appropriate action is essential to protect your interests.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.