An injunction may be granted to restrain the malicious erection, by any owner or lessee of land, of any structure intended to spite, injure or annoy an adjoining proprietor. And where any owner or lessee of land has maliciously erected such a structure with such intent, a mandatory injunction will lie to compel its abatement and removal.
RCW 7.40.030
Malicious erection of structure may be enjoined.
Applied in 3 court decisions — leading case 47 Wash. 2d 29 - McInnes v. Kennell (1955)
Most recently applied in Mjd Properties, Llc, Resp. v. Jeffrey Haley, App. (September 2015)
1883 p 44 s 1, part; Code 1881 s 154 1/2; RRS s 720.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.