Understanding Spite Fences in Montana 🏡 A spite fence is a structure built primarily to annoy, obstruct, or harm a neighbor rather than for legitimate purposes like privacy or security. Montana law recognizes and addresses these disputes under property and nuisance laws. Montana Laws on Spite Fences 📜 Montana does not have a specific "spite fence" statute, but general property and nuisance laws apply. If a fence is excessively high, blocks sunlight, air, or views without reasonable necessity, courts may consider it a private nuisance. Key Legal Points: ✔ Nuisance Doctrine – Under Montana law, an unreasonable obstruction that affects a neighbor’s use of property may qualify as a legal nuisance. ✔ Good Faith Requirement – If a fence is built for no beneficial purpose other than to irritate a neighbor, it may be challenged in court. ✔ Zoning & Ordinances – Some cities and counties in Montana have height restrictions on fences, typically ranging from 6 to 8 feet. ...
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