Spite fences are tall, unsightly barriers erected between neighbors for the purpose of annoying, irritating, or perhaps putting a neighbor out of sight and out of mind. These eyesores often crop up after a dispute between property owners and can cause a lot of controversy. Many states have enacted statutes regarding spite fences. California, for example, identifies as a private nuisance any fence over ten feet high, built maliciously to annoy an adjoining neighbor.

    While South Carolina does not have a statutory restriction on spite fences, community associations are not without remedy. Most likely the Covenants, Conditions and Restrictions (CC&Rs) govern the height and design of fences constructed on property within the community. If the spite fence falls outside the architectural conformity of the community, the association can seek to have it removed. The first step might be to bring the infraction to the offending property owner's attention. If he refuses to voluntarily comply with the association's governing documents, the association can hire an attorney to petition the court for an injunction to have the fence removed.

    This site and any information contained herein is intended for informational purposes and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.