California Court of Appeal

Construing California's spite fence statute, Civil Code section 841.4, liberally, a row of trees can be a "fence or other structure in the nature of a fence," and thus can be a spite fence; whether the row of trees at issue in this case is a spite fence is a matter for the trial court to determine in the first instance.

Appellate Information

• Decided 04/30/2002
• Published 04/30/2002

Judges

• ROBIE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Law Office of James L. Pierce and James L. Pierce, Mount Shasta, for Plaintiffs and Appellants.


• For Appellees:
  
• Moss & Enochian and Mark D. Norcross, Redding, for Defendants and Respondents.