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COA Holds Punitive Damages May Be Awarded For "Spite Fence"

By Sean E. Andrussier

Today in Austin v. Bald the Court of Appeals (COA) held that punitive damages may be awarded in a "spite fence" case. A spite fence is one that is of no beneficial use to the owner and that is erected and maintained solely for the purpose of annoying a neighbor. In today's case the defendant owned property next to plaintiff's home in Elizabeth City along the Pasquotank River. Defendant erected a 10-foot wooden fence on plaintiff's property line, obstructing her view of the river and restricting sunlight into her yard. Along a different boundary of defendant's property that didn't border plaintiff's property, defendant had a smaller fence. Evidence indicated that defendant was upset with the city council's handling of its application to build condominiums on its property; plaintiff was on the city council. Now plaintiff gets to go back to trial to seek punitive damages.

Full post as published by North Carolina Appellate Blog on March 18, 2008 (boomark / email).