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Spite Fence as Nuisance

The right to ownership of a property does not mean that the owner has the right to use the property for the sole purpose of maliciously injuring another.  A property owner does not have the right to erect and maintain an otherwise useless structure for the sole purpose of injuring his or her neighbor.[i]  However, the structure or improvement which is not otherwise a nuisance does not become one merely because it is erected maliciously or from spite or ill will.


[i] Sundowner, Inc. v. King, 95 Idaho 367 (Idaho 1973)


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