Issue: Should a partial abatement of a fence erected out of spite and malice be enforced
even though it imposes sanctions on a private landowner using his land in a manner he
Holding: Affirmed. Structures erected purely out of spite to decrease the value or
enjoyment of a neighboring landowner is not allowed under American law.
– American law does not allow one to erect a structure for the sole purpose of
annoying his neighbor. Many courts have held that a spite fence that serves no
useful purpose may give rise to an action for both injunctive relief and damages.
– The doctrine of “use your property in such a manner as to no injure that of another
must be enforced or it will allow for people to purposely and constantly interfere
with the sacred property rights of their neighbors. The wanton infliction of
damage can never be a right
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