How high can you go – when fences grow into “Spite fences”

Within viewing distance of TopGolf in Cranston, in the Garden City neighborhood, a neighborhood issue with impact on the entire city – as well as other cities in Rhode Island – is playing out.

One neighbor spent considerable time and expense in re-doing her backyard, including putting in a saltwater pool and landscaping, which included wood fencing within her property line. The owner says her property line extends about a foot outside the fence area.

“One morning””, in the neighbor’s own words as written to a City Council person, “…around 8:30 AM on Tuesday morning [July 9th], I observed several men carrying unusually long fence posts into the backyard of the residence at [address] my neighbor’s property. Throughout the morning, they erected six 12-15’ columns in height. I contacted the [Cranston] inspector’s office to inquire if a permit had been obtained. It was not. Later that same afternoon, [a city official] conducted an inspection and halted the project – pending permit issuance. However, I remain concerned that a permit will be granted and these structures will be allowed to remain.”

After doing research and talking to a few people, the owner of the property facing the property putting up the fence became aware of what is called “Spite Fence” regulations. It is even mentioned in the Rhode Island General Laws:

RI Gen L § 34-10-20. (2022)

“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.”

With this information in hand, the concerned property owner wrote to and called city officials. She was told that there are no height restrictions, but the builder would have to apply for a permit. It was unclear what qualifications would stand in judgement for that permit to be granted or not.

When RINewsToday contacted the city, the response was “I have directed that Inspections issue no permits at least keeping the administration informed so we can be sure that the legalities are vetted.  [ ] Due to the height of the “fence”, Inspections is requiring engineered specs that support wind integrity. In the meantime I am asking one of the solutions to look into all possible legal restrictions for height. and other considerations. At this point, Inspections told me that there are no fence height restrictions on the books relative to city enforcement….”

The property owner sent a letter to the Cranston City Council with copies to city administration:

Dear City Council,

I hope this message finds you well.  I am reaching out for help because around 8:30 AM on Tuesday, July 9, I observed several men carrying unusually long fence posts into the backyard of [my neighbor’s property]. Throughout the morning, they erected six 12-15’ columns in height (photos attached). I contacted the inspector’s office to inquire if a permit had been obtained. It was not. Later that day, [a city official] conducted an inspection and halted the project they are calling “privacy panels/screens”, pending permit issuance. However, I remain concerned that a permit will be granted, and this spite fence will be allowed to remain.

If you are unfamiliar with spite fence laws, please see below because I feel this applies. RI General Law (above) attached.

I have several major concerns regarding this spite fence:

1. These structures do not align with the aesthetic of Garden City and may potentially lower property values in the neighborhood.
2. This project sets a precedent for other homeowners to similarly enclose their properties with 12 foot “privacy panels,” potentially transforming Garden City and other areas into closed-off communities.
3. There is an unnecessary risk of damage and inconvenience to neighboring families and properties when these structures are inevitably affected by windstorms.
4. They placed the rear three columns on my property. If the city approves this spite fence, I will need to seek legal assistance to have them moved.

I have invested significant time and resources in creating my own personal oasis [in my backyard] in Garden City, and I am deeply concerned that allowing this project to proceed will compromise the character of our community, especially when 12 foot “privacy panels” are all over the city.

I kindly request your assistance in preventing this project from moving forward and requesting the columns be removed. Any action you can take to address these concerns would be greatly appreciated.

If you have any questions or need additional information, please do not hesitate to contact me. Best regards…

___

Response from the city:

I have contacted our Buildings Inspections department to call any permitting of this fence to the [attention of] the mayor’s office before permitting.  We will have our solicitor’s office research ordinances and laws concerning this matter. We will get back to you within a couple/few days or sooner after consultation with the Solicitor. Thank you for calling this matter to our attention.

RINewsToday reached out to the fence company who said that it is the property owner’s responsibility to pull a proper construction permit. However, state law says that the contractor must get the permit, and the property owner should apply only if they are doing the work themselves. It was confirmed that the panels to be erected are white vinyl.

The property owner looking at this predicament also noted that if neighbors started to do this, without restriction, we could be living in white vinyl cocoons. Another neighbor has expressed interest in a tall fence. To the best of our knowledge no fence exists in Garden City of that height and there have been 8 foot fence requests denied.

Another city abutting Cranston planned early for such circumstances in their ordinances:

Where is a good Fence Viewer when you need one

Back in Colonial times, most Rhode Island towns had a “viewer of fences” whose job was to adjudicate boundary disputes. Portsmouth, Exeter, Foster, Hopkinton and New Shoreham – still have the position. It is a government position and people who take the job tend to hold on to it for decades. Back in the 1700s, the term “fence” typically referred to a stone wall, crucial for maintaining order because they kept animals out of cultivated areas. Today a typical call would come from a resident whose neighbor has built an 8-foot-6-inch “spite fence” in Portsmouth. In one case the fence viewer said, ‘You know, you guys should really resolve stuff with your neighbors.’ The next day the original caller said that the two neighbors had worked out their differences, and the fence was getting cut down to a normal height. Many towns eliminated the position at some point in the 20th century, if not earlier.

The Garden City Alliance, an informal group of neighbors and property owners in the greater Garden City area, which routinely gets involved in issues of concern to Garden City residents is aware of the controversy regarding the too-tall fence.

The “Garden City – Preserving the Heart of Cranston” page on Facebook has been full of comments on the issue – most with shock that a fence/spite fence/privacy fence of that height could be put in anyone’s neighbor’s yard that is right on top of their property line, and that there are no regulations in the city’s ordinances. One comment said, “That is an absolute eyesore! Are you saying they intend to attach “fencing” to those ridiculously high posts?? It will be like having billboards erected around your yard!” There was even a meme put on with flashing red lights at the top – a la Top Golf (which most property owners in the residential community can see from their homes) – the mini-Top Golf look to the poles, which remain standing without fencing put up – doesn’t go unnoticed.

From Historic New England:

Garden City is about to be designated an historic area. It was the first planned community built in the United States in the 50s.

How high is the tallest fence in YOUR neighborhood? Write your comments, below. We will keep you updated on this developing story.