Blaine requires that fence post framework sit within the owner's own property line, with the finished (good) side facing the street or adjacent property (BZO 33.08). The City does not adjudicate boundary disputes. Minnesota law (Statutes 561.02) treats a fence maliciously erected to annoy a neighbor as a private nuisance.
Blaine's Zoning Ordinance section 33.08 contains the two rules most relevant to neighbors. First, post framework must be placed within the property line of the owner. Second, the fencing material, such as lumber or pickets, must be placed on the side of the fence that faces the street or the adjacent property, meaning the finished side faces outward toward the neighbor. The City also requires that the owner locate property corner markers before applying for a permit, which reduces encroachment disputes. Blaine defines a boundary fence as any fence parallel to the property line. The City does not resolve private property-line or ownership disputes; those are civil matters between neighbors. Where a fence is built purely to annoy a neighbor, Minnesota Statutes section 561.02 provides that any fence, or any other structure, maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance, which a neighbor may pursue in court. Homeowners should also verify HOA covenants, which may add shared-fence or notice obligations beyond city code.
Placing posts over the line or facing the unfinished side toward a neighbor violates BZO 33.08 and can trigger a correction order. A spite fence may be abated as a private nuisance under Minnesota Statutes 561.02 through a civil lawsuit, not a city enforcement action.
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