CHAPTER 10. SPITE FENCES AS NUISANCE

IC 32-26-10
    Chapter 10. Spite Fences as Nuisance

IC 32-26-10-1
Description of spite fence
    Sec. 1. A structure in the nature of a fence unnecessarilyexceeding six (6) feet in height, maliciously:
        (1) erected; or
        (2) maintained;
for the purpose of annoying the owners or occupants of adjoiningproperty, is considered a nuisance.
As added by P.L.2-2002, SEC.11.

IC 32-26-10-2
Damages
    Sec. 2. (a) An owner or occupant injured either in the owner's oroccupant's comfort or the enjoyment of the owner's or occupant'sadjoining property by the nuisance described in section 1 of thischapter may bring an action for:
        (1) damages in compensation for the nuisance;
        (2) the abatement of the nuisance; and
        (3) all other remedies for the prevention of a nuisances.
    (b) The provisions of law concerning actions for nuisance areapplicable to an action under subsection (a).
As added by P.L.2-2002, SEC.11.