Sec. 1. A structure in the nature of a fence unnecessarily exceeding six (6) feet in height, maliciously:
(1) erected; or
(2) maintained;
for the purpose of annoying the owners or occupants of adjoining property, is considered a nuisance.
Description of spite fence
Applied in 2 court decisions — leading case ALBERINO v. Balch (2008)
Most recently applied in ALBERINO v. Balch (October 2008)
As added by P.L.2-2002, SEC.11.
Sec. 1. A structure in the nature of a fence unnecessarily exceeding six (6) feet in height, maliciously:
(1) erected; or
(2) maintained;
for the purpose of annoying the owners or occupants of adjoining property, is considered a nuisance.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.