‘Spite’ Tree Planting Can Be Banned, Court Rules

California’s “spite fence” ordinance bars residents from building fences taller than 10 feet specifically to annoy their neighbors. Now, a state appellate court has ruled that tall trees planted for that purpose can be banned.

Tuesday’s ruling arose when a Yreka couple planted evergreens along their property line when a neighbor began building a two-story log home. Afraid the trees would block her view of Mt. Shasta, the neighbor took the couple to court.

A three-judge panel ruled that trees planted “along or near the property line between adjoining parcels to separate or mark the boundary between the parcels” may indeed be a spite fence, and returned the case to a lower court to determine whether the trees should come down.