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A spite wall in Lancashire, England, built in 1880 by the owner of the land on the left, in reaction to the unwanted construction of the house on the right [1]. In property law, a spite fence is an overly tall fence or a row of trees, bushes, or hedges, constructed or planted between adjacent lots by a property owner (with no legitimate purpose), who is annoyed with or wishes to annoy a ...
An injunction can require someone to do something, like clean up an oil spill or remove a spite fence. Or it can prohibit someone from doing something, like using an illegally obtained trade secret. An injunction that requires conduct is called a "mandatory injunction." An injunction that prohibits conduct is called a "prohibitory injunction."
Spite houses, as well as spite farms, are considerably rarer than spite fences. [1] This is partially attributable to the fact that modern building codes often prevent the construction of houses likely to impinge on neighbors' views or privacy, but mostly because fence construction is far cheaper, quicker, and easier than home construction. [4]
Pages in category "Fences" The following 71 pages are in this category, out of 71 total. ... Spite fence; Split-rail fence; Swaged sleeve; T. Tamagaki; Temporary fencing;
The scope of this right is limited in some aspects. For example, an owner may not build a "spite fence" that substantially affects the use of the neighbor's land (e.g. a hotel owner built a wall 85 ft (26 metres) long and 18 ft (5.5 metres) high that blocked the windows of a neighboring hotel owner). [10]
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The abuser is liable for the harm caused by their actions. Some examples of this are abuse of power, barratry, frivolous or vexatious litigation, a spite fence or house, forum shopping, abuse of process, malicious prosecution, tax avoidance (vs. anti-avoidance rules, step transaction doctrine, economic substance), etc.
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