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Property lines & neighbors

Is a spite fence illegal in Pennsylvania?

There's no Pennsylvania law with "spite fence" in its name. Your township's fence code is usually the faster place to look.

Updated · Reviewed by 76 Fence MontCo

Short answer

Pennsylvania has no spite-fence statute. A fence put up mainly to annoy a neighbor is handled, if at all, as a private nuisance claim in court. In practice, local zoning codes do much of the work: most municipalities around Lansdale cap solid fences at about 6 ft, require the finished side to face the neighbor, and limit materials. This isn't legal advice; a Pennsylvania real-estate attorney can tell you whether a nuisance claim fits your facts.

Narrow side yard between two older houses with a tall solid board fence close to a neighbor's side windows
Narrow side yard between two older houses with a tall solid board fence close to a neighbor's side windows. AI-generated illustration

What Pennsylvania law has, and doesn't

Some states have statutes aimed specifically at tall fences built out of malice. Pennsylvania doesn't. When a neighbor's fence seems built to block light, a view or a window out of spite, the legal route is a nuisance claim, where a court looks at the facts. We can't predict how a court would see any particular fence, and you shouldn't rely on anyone who says they can without hearing the whole story.

Start with the township code instead

Before you think about court, check whether the fence meets the local fence ordinance. A fence that feels spiteful may also break a zoning rule, and the zoning office can act on that without anyone proving motive.

MunicipalityHeight limit for solid fencesRules about the side facing you
Lansdale Borough6 ft; up to 8 ft only if the part above 6 ft is see-throughFinished side faces adjacent properties and streets
Upper Gwynedd Township6 ft 6 inNo finished-side rule found
Montgomery Township6 ft in side and rear yardsMore attractive side faces out; no unusual colors or offensive designs on it
Upper Dublin Township6 ft in side and rear setbacksFinished side faces adjacent properties
Worcester Township48 in on the line; up to 72 in at least 3 ft backFinished side faces adjacent properties and the street

From each municipality's zoning code, read October 2026.

Material and condition rules

  • Worcester bans fences made of fabric, junk, junk vehicles, appliances, tanks or barrels.
  • Lansdale requires natural-looking materials, bans fencing made only of wire, and says fences must be kept straight, without sagging or leaning.
  • Lansdale also requires fences at natural grade, not on berms or mounds, so a fence can't be raised on a pile of dirt to get extra height.

So a stockade fence with its rails facing your yard, a wall of salvaged doors, or a fence perched on a mound may be a zoning problem in these municipalities, whatever the motive.

What to do about a fence you think was built out of spite

  1. Find out which municipality you're in. Your mailing address may not tell you; your tax bill will.
  2. Measure and photograph. Height from grade at several points, which side faces you, distance from the line if you know it.
  3. Ask whether a permit was issued. The zoning or code office can tell you, and many townships require one for every fence.
  4. File a zoning complaint if it appears to break the code.
  5. Talk to a real-estate attorney if the fence complies with the code but you still think it's a nuisance.

If you're the one building

A tall privacy fence isn't spite. People want privacy for good reasons. Keeping to the height limit, putting the good side toward the neighbor and talking to them before the crew shows up prevents most of these fights. In Lansdale, if you want more than 6 ft, the code's open top section is a way to get height without a solid wall.

We design every fence to the township's rules, finished side out, and we're glad to talk through a layout that works for both yards at the estimate.

Common questions

Can a neighbor block my view with a fence that meets the code?

The zoning code is the main limit on fence height and placement. Whether nuisance law adds anything in your case is a question for an attorney.

What about a row of tall trees planted out of spite?

Fence codes usually address fences and walls, not plantings, except at intersection sight triangles. That's a question for an attorney.

Can I build my own fence to block theirs?

You can build any fence that meets your code. Building one out of anger rarely ends the dispute.

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