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)
