Rhode Island Spite Fence Statute and Neighbor Disputes

Rhode Island has codified the common law spite fence doctrine since 1896 in RIGL 34-10-20. A fence or fence-like structure that unnecessarily exceeds six feet in height and is maliciously built or maintained to annoy adjoining owners is a private nuisance. Injured neighbors may bring an action for damages tied to lost comfort or enjoyment of their property, and Rhode Island courts may also order abatement. The malicious purpose, not just height, is the legal trigger. This statute applies uniformly across all Rhode Island cities and towns and is independent of any local fence height ordinance. Municipal codes cannot eliminate this state-law cause of action.

Civil action only. Injured neighbors may recover monetary damages and seek court orders requiring removal or reduction. No criminal fines, but courts may award damages reflecting diminished enjoyment of property.