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First, most communities have regulations and ordinances that govern the height and placement of fences. Complaints concerning fences that violate local laws can be reported to your building code violations department. Some municipalities have specific spite fence laws that prohibit fences that are erected with the malicious purpose of annoying the neighbors even if they don't violate building codes. You may have to file a civil suit.

If you find no protection under existing fence laws you can usually sue on the grounds of nuisance if the fence has no apparent value and is excessively high, or ugly or painted a horrible color . . . all designed just to annoy you. Your neighbor would need to demonstrate a need for such a fence. You may get a judgment to have the fence removed or at least lowered, or, get compensatory damages depending on the degree of diminished value of your property and any annoyance.

You need to consult an attorney in your area to determine your options under your local laws and case law. For background you can read the case law cited at the link provided below.

The following are reasons a fence may be considered a spite fence:

  • The fence blocks light, air, or a view
  • It reduces the value of his/her property
  • The fence has no functional use
  • The fence is unlike other fences in the area
  • The fence owner has a malicious motive
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Q: Do spite fence laws exist in North Carolina?
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