RSA Chapter 476 — Spite Fences

Title XLVII — Boundaries, Fences and Common Fields

Current through the 2025 Regular Session of the New Hampshire General Court.

Title XLVII Boundaries, Fences and Common Fields

RSA 476:1 Fence as Private Nuisance

Any fence or other structure in the nature of a fence, unnecessarily exceeding 5 feet in height, erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance.

Source. 1887, 91:1. PS 143:28. PL 219:32. RL 269:32.

RSA 476:2 Remedy

Any owner or occupant injured either in his comfort or the enjoyment of his estate by such nuisance may have an action on the case for the damage sustained thereby.

Source. 1887, 91:2. PS 143:29. PL 219:33. RL 269:33.

RSA 476:3 Penalty

If the plaintiff recovers judgment in the action, the defendant shall cause the removal of the nuisance within 30 days from the date of the judgment, and for each day he shall permit the nuisance to remain after the expiration of said 30 days, he shall incur a penalty of $10 for the use of the party injured.

Source. 1887, 91:3. PS 143:30. PL 219:34. RL 269:34.