Washington State Spite Fence Laws: Legal Remedies Against Malicious Neighbor Structures
In Washington State, it is illegal for a neighbor to build a spite fence purely to block your light, air, or view. Under Wash. Rev. Code § 7.40.030, you can file a lawsuit in Superior Court to obtain an injunction to remove the malicious structure, which carries a standard court filing fee of $290.
Understanding Spite Fences in Washington State
Neighborhood conflicts can sometimes escalate to the point where a neighbor intentionally builds a structure solely to annoy, block, or harass you. In Washington State, the law heavily frowns upon this behavior. According to Wash. Rev. Code § 7.40.030, an injunction may be granted to stop the malicious erection of any structure intended to spite, injure, or annoy an adjoining landowner. The core legal requirement is proving that the structure serves no reasonable or useful purpose to the person building it, and was constructed out of pure malice.
Because proving "malicious intent" in a court of law requires strong evidence and well-drafted legal arguments, many homeowners hire a local attorney from our US Attorney Directory. A skilled lawyer can help you gather the necessary proof and present a compelling case to a judge to have the spite structure dismantled.
Step-by-Step Process to Fight a Spite Fence
Whether you reside in Olympia, Bellingham, or Yakima, fighting a spite structure involves seeking equitable relief (an injunction) through your local county court.
Step 1: Documenting the Intent and Impact
Before filing a lawsuit, gather evidence of the neighbor's hostility. Save any threatening emails, texts, or voicemails where they express a desire to block your view. Take date-stamped photos of the structure showing how it blocks your natural light or scenic view. The burden of proof is on you to show the court that the fence was built for malice, not utility.
Step 2: Filing for an Injunction in Superior Court
Your attorney will draft a civil complaint seeking an injunction. This is filed in the Superior Court of the county where the property is located. For example, if you live in Thurston County, your case goes to the Thurston County Superior Court, Olympia. If your property is in Whatcom County, you will file at the Whatcom County Superior Court, Bellingham. The lawsuit will typically include a standard Form CICS, Washington, Superior Court, Case Information Cover Sheet.
Common Spite Structure Scenarios
Spite structures come in many forms. Washington courts evaluate each case by balancing the utility of the structure against the malicious intent.
Excessively High Privacy Fences
Most local city ordinances restrict residential fences to 6 feet in height. If a neighbor suddenly builds a 10-foot or 12-foot solid wood fence directly on the boundary line immediately after an argument, this is a classic spite fence. In the landmark case Baillargeon v. Press, 11 Wash. App. 59 (WA Court of Appeals 1974), the court made it clear that if a structure serves no actual useful purpose and is erected out of spite, the court has the power to order its removal.
Security Cameras Mounted on Boundary Poles
In recent years, spite structures have evolved. Some neighbors erect tall poles on the property line purely to mount blinding floodlights or security cameras pointed directly into a neighbor's bedroom or backyard. While people have a right to home security, pointing cameras or lights intentionally to harass a neighbor can violate Washington's spite structure statute, as well as laws regarding invasion of privacy and nuisance.
Unpermitted Concrete Retaining Walls
Sometimes, a spite structure is disguised as landscaping. A neighbor might pour an unpermitted concrete retaining wall or stack large boulders near the property line to block a driveway sightline or disrupt water drainage. If the court determines the wall has no structural necessity and was built merely to annoy, it can be deemed a spite structure.
Planting Fast-Growing Bamboo and Hedge Rows
This is a gray area in Washington law. The spite structure statute (Wash. Rev. Code § 7.40.030) specifically mentions "structures." Trees and hedges naturally growing from the ground are generally not considered structures. If a neighbor plants a row of fast-growing bamboo purely to block your view, it is incredibly difficult to win a spite fence lawsuit. However, some local municipal codes have specific "spite hedge" ordinances that might offer relief.
Costs and Attorney Fees
Pursuing an injunction requires paying court and legal fees.
| Superior Court Filing Fee | $290 |
| Process Server Fee | $50 to $100 |
| Attorney Fees | $250 to $450 per hour |
Keep in mind that unlike some specific statutes, the general spite fence law does not automatically guarantee that the losing neighbor will pay your attorney fees. You must generally cover your own legal costs unless the judge finds the neighbor's conduct exceptionally frivolous.
How Long Does the Process Take?
If your neighbor is actively building a massive structure, your lawyer can file for a Temporary Restraining Order (TRO) to halt construction within a matter of days. However, obtaining a final, permanent injunction forcing them to tear the structure down usually takes 6 to 12 months as the case proceeds through the civil court system.
Frequently Asked Questions (FAQ)
What is the burden of proof in a spite fence case?
You bear the burden of proving that the structure was built maliciously and serves no reasonable utility to the neighbor. If the neighbor can prove the fence is necessary to keep their large dogs contained, the court may rule it is not a spite fence.
Can I tear down the spite fence myself?
Absolutely not. If you tear down a neighbor's structure, you can be sued for property damage and potentially face criminal charges for trespassing or vandalism. You must let the court order its removal.
Does Washington protect my scenic view?
Generally, Washington State does not recognize a common law right to a view. You cannot sue a neighbor just because their normal, legally permitted house addition blocks your view of the mountains. The structure must be malicious and lack utility.
Do HOA rules override the state spite fence law?
HOA rules work alongside state law. Often, HOA Architectural Review Committees are much faster at forcing a neighbor to take down an ugly or excessively tall fence than the state court system.
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