Connecticut Statutes Sections 52-480 and 52-570 grant private remedies against malicious spite fences exceeding useful purpose, while Section 47-49 mandates shared maintenance of partition fences. These rules apply uniformly statewide regardless of municipal fence ordinances.
CGS Section 52-480 authorizes injunctive relief against any structure erected with malicious intent to annoy or injure an adjoining landowner's enjoyment of land. CGS Section 52-570 provides a private cause of action for damages from malicious erection of any structure on property. Connecticut courts apply a six-factor test examining height, utility, intent, and impact. Separately, CGS Sections 47-43 through 47-53 govern partition (boundary) fences: when both adjoining owners enclose their land using a shared fence, they must share the cost of construction and maintenance. Local fence ordinances regulating height or materials operate alongside, but cannot override these civil statutes.
Spite fence remedies include mandatory removal, injunctive relief, and money damages for diminished property enjoyment; partition fence noncompliance allows the contributing neighbor to recover double damages under CGS Section 47-51.
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Side-by-side rule comparisons with other cities in New Haven County.
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