Maine Supreme Court Upholds Ruling Against Spite Fences and Neighbor Harassment

In Rice v. Cook, 2015 ME 49, the Maine Supreme Judicial Court affirmed a lower court ruling against property owners Robert and Carol Rice, who were found to have built illegal “spite fences” and engaged in conduct that constituted a nuisance to their neighbors, James and Carol Cook.

Background:

The dispute arose between lakefront neighbors in Dedham. After conflicts over trash visibility, fences, and property lines, tensions escalated. The Cooks built a six-foot fence to block the view of debris the Rices stored outside. In retaliation, the Rices built multiple towering fences—some up to twelve feet tall—installed cameras pointed at the Cooks’ property, played loud music, and placed trash and clutter in view of the Cooks’ home.

Court Findings:

• No Boundary Agreement: The Rices claimed there had been an agreement with the Cooks about the property line, but the court found no evidence of a mutual contract or boundary adjustment.

• Spite Fence Violation: The court ruled that the Rices’ fences violated Maine’s “spite fence” law (17 M.R.S. § 2801), finding they were unnecessarily high and maliciously maintained to annoy neighbors.

• Nuisance Behavior: The court held that the Rices’ actions—camera surveillance, excessive noise, and placement of trash—constituted a common law nuisance interfering with the Cooks’ peaceful enjoyment of their property.

• Injunction & Damages: The court ordered the Rices to modify or remove the fences, redirect cameras, reduce outdoor noise, and awarded the Cooks $5,000 in damages.

Key Takeaway:

This case reinforces that property rights are not a license to harass. Maine courts will not tolerate fences or conduct designed to spite neighbors. Landowners must use their property reasonably, without infringing on others’ enjoyment of their own homes.

 

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