Vinyl Privacy Fencing


the neighboring landowner takes no action, she might lose the portion of her land under and enclosed by the fence. For this reason, community associations should be on guard against encroaching structures.


A “spite fence” is designed to injure and annoy the adjoining landowner.


Another issue that can arise involves “spite fences.” Washington law prohibits building a fence that: (1) damages the adjoining landowner’s enjoyment of his property in some significant degree; (2) is designed as the result of malice or spitefulness primarily or solely to injure and


Wood Split Rail Fence


annoy the adjoining landowner; and (3) serves no useful or reasonable purpose. (Baillargeon v. Press, 11 Wn. App. 59 (1974).) If a neighbor builds such a fence, a landowner may sue to have the spite fence removed.


Conclusion


Legal issues involving fences often lead to confrontation between neighboring owners. Preparation on the front end by understanding governing documents and being aware of other operative legal documents can help communities avoid combat with neighbors. When in doubt about fence responsibility, contact your attorney!


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