Some states have statutes re "spite fences", however, go to the city and check the local ordinances re fence height.
http://www.lectlaw.com/files/lat05.htm
LOCAL LAWS
City and county fence ordinances in most urban and suburban areas can be
amazingly strict and detailed. Most regulate height and location, and
some also control the material used and even the appearance of a fence.
Many cities require a building permit to construct a fence at all.
These fence regulations apply to all types of fences--any structure used
as an enclosure or a barrier or a partition. Usually, they include
hedges and trees.
In reality, however, local fence laws are usually loosely enforced, if
at all. Cities are not in the business of sending around fence
inspection teams, and most localities contain lots of fence violations
that no one has complained about. As long as nobody else minds and no
one complains, a nonconforming fence may stand forever.
Also, what may have started out perfectly legal may later exceed the
law. For example, a nice little hedge fence may grow into a 15-foot
natural wall. If both neighbors like it, nothing is ever said, and there
it stands.
Before you complain about a neighbor's recently erected monstrosity (or
one that is going up before your eyes), go to city hall or the public
library and read your local fence ordinances carefully to see whether
the neighbor is breaking the law. It's a wise idea to do the same thing
if you are unsure of whether your own plans for a new fence comply with
local law. Laws that affect fences may be found in the zoning
ordinances, building codes and also under miscellaneous rules.
If your neighbor's fence does not comply with the law and it creates a
problem for you, tell the neighbor as soon as possible. She probably
doesn't know what the law is and if the fence is still in the building
stage, may be able to make modifications at a low cost.
If she suggests that you mind your own business, then you can alert the
city. All it takes in most circumstances is a phone call to the
appropriate office--usually the planning or zoning department or the
city attorney's office. The neighbor who is in violation of an ordinance
will be given a written notification of violation and asked to conform.
If she doesn't, the city can fine the person and even sue her to force
compliance (unless the fence is exempt from the law for one of the
reasons discussed in "Exceptions to Local Laws," below).
A very slight violation will not usually be enough to trigger any help
from the city or county authorities. When a fence doesn't quite comply
with a local ordinance, the enforcement officials probably won't want to
get involved. And if a neighbor or the city does sue, a court may look
to see if there is "substantial compliance" with the ordinance. If part
of a fence is a few inches too high, for example, but most of it fits
the ordinance, the builder can be said to have substantially complied
with the law. Courts are not usually willing to order a whole fence
removed because of an insignificant violation.
If you are bothered by a neighbor's fence that seriously violates a law
and the city or town won't help you, you can sue the neighbor. If it's
money you're after, you can sue in small claims court to compensate for
your loss of enjoyment of your property caused by the offending fence.
Unfortunately, the fence will stay up, although if it is a constant
annoyance to you, you can sue more than once. (See Chapter 15 for more
on small claims court.)
If you want the fence removed, you must sue in regular trial court
where, unlike small claims court, a judge can issue an order (usually
called an injunction) to accomplish this. Taking this route will
probably require hiring a lawyer. And be aware that the judge will look
for the least drastic remedy--such as removal of a small portion of the
fence.
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SIDE BAR--THE IMPORTANCE OF COMPLAINING PROMPTLY
Enforcing fence laws is never a high priority for city governments. So
if you want the city's help, complain as soon as you notice the
violation when a disturbing fence is going up, or move into a new house
next to an annoying violation. The city may enforce the law at any time,
but if a complaining neighbor doesn't bother to speak up for a good long
time, the situation will likely be on the bottom of the list of
priorities.
And if you eventually bring a lawsuit, a judge will have little sympathy
for someone who sat by and did nothing to protect his property while the
offending fence was being built; you might even lose your case because
of your delay.
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Below are some of the types of restrictions found in the local laws.
MAXIMUM HEIGHTS
Almost all towns place height restrictions on fences. In residential
areas, local rules commonly restrict artificial (constructed) backyard
fences to a height of six feet. In front yards, the limit is often four
feet. Maximums vary, but front height limits, especially, are usually
low.
General fence height restrictions may apply to natural fences--fences of
bushes or trees--whether or not they are specifically mentioned, if they
meet the ordinance's general definition of fences. Whether trees and
bushes are considered fences depends on the location of the trunks, the
particular ordinance, and whether or not they are actually used as a
fence. When natural fences are singled out in the laws, the height
restrictions commonly range from five to eight feet.(4)
Example: A fellow in Washington state had thirteen Douglas fir trees on
the border of his property. He called them "yard landscaping." His
neighbor complained, probably because of a blocked view, and the town
sued him to comply with its fence ordinance. The court called the trees
a fence, which under the local town ordinance was restricted to eight
feet. The particular regulation in this case contained the language
"naturally grown or constructed," so it applied to the Douglas firs. The
man had to cut them.(5)
