Rhode Island Spite Fence Laws: What to Do When a Neighbor Blocks Your View
In Rhode Island, a fence over 6 feet tall built specifically to annoy a neighbor is considered an illegal private nuisance. You can file a lawsuit in Superior Court to secure an injunction and force the removal of the spite fence.
In coastal Rhode Island communities like Newport, Narragansett, and Jamestown, a beautiful ocean view is not just a luxury; it is a major factor in a property's financial value. When a dispute erupts between neighbors, sometimes one party will maliciously erect a massive fence-or plant a dense row of towering trees-specifically designed to block the other person's view or sunlight. This vindictive action is commonly known as a "spite fence." Fortunately, Rhode Island law provides strong protections for homeowners targeted by this behavior. Under R.I. Gen. Laws § 34-10-20, a maliciously built structure that unnecessarily exceeds six feet in height is legally classified as a private nuisance, giving you the right to take your neighbor to court to restore your property's view and peace of mind.
Step-by-Step Process to Fight a Spite Fence
Addressing a spite fence is rarely solved with a friendly conversation, especially if the neighbor's intent was malicious from the start. You will likely need to rely on the legal system to enforce your rights.
Step 1: Understanding The 6-Foot Rule Exemptions
The core of Rhode Island's spite fence statute revolves around height. To qualify as a statutory spite fence under R.I. Gen. Laws § 34-10-20, the structure must unnecessarily exceed six (6) feet. A standard 6-foot privacy fence is generally completely legal, regardless of why the neighbor built it. Furthermore, local zoning laws might allow taller fences for specific reasons (such as surrounding a tennis court or securing a commercial border). Therefore, your first step is to measure the barrier and check local zoning ordinances to confirm the structure is not automatically exempt.
Step 2: Proving Malicious Intent
Height alone is not enough to win your case; you must prove the neighbor's motive was malicious. You must demonstrate that the fence was erected primarily "for the purpose of annoying" you, rather than for a legitimate purpose like keeping a large dog in the yard or reducing street noise. Evidence of malicious intent can include nasty text messages, emails, documented shouting matches prior to the fence's construction, or the fact that the fence was painted black strictly on the side facing your windows. In the landmark Rhode Island Supreme Court case Dowdell v. Bloomquist, 847 A.2d 827 (RI Supreme Court 2004), the court explicitly ruled that even a dense row of tall trees (arborvitae) planted in a line to block a view qualifies as a "structure in the nature of a fence" and can be deemed an illegal spite fence if planted maliciously.
Step 3: Blocking Coastal Water Views in Newport and Narragansett
Cases involving blocked water views are the most heavily litigated spite fence disputes in the state. If you live in South County or Aquidneck Island and a neighbor suddenly plants a 15-foot hedge that completely obstructs your view of the Atlantic Ocean, your property value could plummet by hundreds of thousands of dollars. Courts take these economic damages seriously. You may need to hire a real estate appraiser to testify about exactly how much financial damage the neighbor's malicious blockade has caused to your home's market value.
Step 4: How to Secure an Injunction
To force the neighbor to tear down the fence or cut the trees down to a legal height, you must file a civil lawsuit requesting an "injunction" (a court order demanding the defendant stop a specific action). Your attorney will file Form Civil Case Cover Sheet, Rhode Island, Superior Court, Civil Case Cover Sheet along with a formal Complaint for Injunctive Relief. Depending on where you live, this will be filed at a local court such as the Rhode Island Superior Court, Newport or the Rhode Island Superior Court, Wakefield. A judge will hear the evidence, and if they rule in your favor, they will sign an order compelling your neighbor to remove or reduce the nuisance.
How Much Does it Cost in Rhode Island?
Litigating a boundary and nuisance dispute involves distinct legal expenses:
- Court Filing Fees: Filing a civil action in Rhode Island Superior Court costs roughly $200.
- Attorney Fees: Because this involves complex property rights and proving intent, lawyers usually charge an hourly rate of $250 to $450. A fully litigated spite fence case can cost anywhere from $5,000 to $15,000+ in legal fees.
- Expert Witnesses: You may need to hire a land surveyor (to ensure the fence is actually on the property line) or an appraiser to prove a loss of value, which can cost $1,000 to $3,000.
How Long Does the Process Take?
Spite fence litigation can take time. From the day you file the complaint in Superior Court, it may take 6 to 12 months to reach a trial or final hearing, depending on the court's backlog. However, if your attorney files for a Preliminary Injunction, a judge might grant a temporary order much sooner (within a few weeks) to halt the ongoing construction of the fence while the full lawsuit plays out.
Frequently Asked Questions (FAQ)
Can a line of bushes really be considered a fence?
Yes. Under Rhode Island Supreme Court precedent, a dense, continuous row of trees or shrubs intentionally planted to act as a barrier is legally considered a 'structure in the nature of a fence' and is subject to the spite fence laws.
What if the fence is exactly 6 feet tall, but very ugly?
If the fence does not exceed six feet in height, it generally does not fall under the Rhode Island spite fence statute, no matter how ugly it is or how maliciously it was built. You would have to look into local zoning codes or HOA rules for a remedy.
Can I just cut down the parts of the tree that cross my property line?
Generally, property owners have the right to trim branches that cross their property line, up to the boundary edge. However, you cannot kill the tree or cross the property line to chop the top off. Doing so could result in you being sued for property damage.
Do I have a legal right to a beautiful view in Rhode Island?
No one has an inherent legal right to a view across someone else's land unless there is a specific 'view easement' written into the deed. You can only sue if the neighbor blocks your view maliciously with an unnecessarily tall structure designed solely to annoy you.
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