Rhode Island Statewide Rule

Rhode Island Spite Fence Statute and Neighbor Disputes

Some RestrictionsApplies statewide across Rhode Island (2026)

Key Facts

Statute: RIGL 34-10-20
Trigger height: Over six feet
Required intent: Malicious annoyance
Remedy: Damages and abatement
Applies: All RI municipalities

Last verified: September 5, 2026Source: Justia Law

Summary

Rhode Island General Laws section 34-10-20 declares any fence over six feet that is maliciously erected to annoy a neighbor a private nuisance. Affected adjoining property owners may sue for damages and injunctive relief statewide.

§ 34-10-20. Spite fences. A fence or other structure in the nature of a fence which unnecessarily exceeds six feet (6') in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property, shall be deemed a private nuisance, and any owner or occupant who is injured, either in the comfort or enjoyment of his or her estate thereby, may have an action to recover damages for the injury.

Source: Justia LawView official code

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Is every six-foot fence in Rhode Island a spite fence?

No. Height alone is not enough. The plaintiff must prove the fence unnecessarily exceeds six feet and was erected or maintained with malicious intent to annoy or injure the neighbor's enjoyment of their property.

Can I sue my neighbor under RIGL 34-10-20 instead of calling the city?

Yes. The spite fence statute creates a direct civil cause of action. You can file in Rhode Island Superior or District Court regardless of whether the fence complies with local height ordinances or zoning rules.

Sources

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