Hawaii Statewide Rule

Hawaii Spite Fence and Boundary Fence Common Law

Some RestrictionsApplies statewide across Hawaii (2026)

Key Facts

Statute: HRS 663-1
Doctrine: Common law nuisance
Remedy: Injunction and damages
Forum: Circuit or district court

Last verified: September 5, 2026Source: Hawaii State Legislature

Summary

Hawaii applies common law tort principles statewide under HRS 663-1, allowing neighbors to sue for spite fences and shared boundary fence cost recovery regardless of which county they live in.

§664-23 Hearing, order, kind of fence and markers, etc. [(a)] At the time set for the hearing of the petition[,] the court and the parties shall view the line of fence or proposed fence. The court shall decide equitably on the kind of fence to be built or maintained as circumstances or desired purposes may require and the portion or portions to be erected or maintained by either the respective land owners or any of the occupants or lessees of the particular parcels of land affected, insofar as their respective interests are concerned, or the share which each shall contribute to the cost thereof.

Source: Hawaii State LegislatureView official code

Full Breakdown

Hawaii Revised Statutes 663-1 establishes that all persons in the state are personally responsible in damages for trespass or injury to person or property. Hawaii courts have long applied common law to spite fence claims, where a fence built primarily to annoy a neighbor with no legitimate purpose can be enjoined or removed as a private nuisance. Hawaii has no statutory partition fence law equivalent to mainland states, so cost-sharing for boundary fences is governed by common law agreement and equity. These principles apply uniformly statewide.

Violations & Penalties

Property owners maintaining a spite fence may be sued for injunction (court-ordered removal) and damages. Punitive damages are available when malice is established under HRS 663 tort principles.

Frequently Asked Questions

Can I sue a neighbor for a spite fence in Hawaii?

Yes. Hawaii recognizes common law spite fence claims. You must prove the fence was built primarily out of malice with no useful purpose and that it harms your property's enjoyment or value.

Does Hawaii require neighbors to split fence costs?

No statewide statute mandates equal sharing. Without a written agreement, courts apply equitable principles. Counties and HOAs may impose additional shared maintenance rules.

Sources

HRS 663-1 Torts

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.