Any fence, hedge or other structure in the nature of a fence unnecessarily exceeding 6 feet in height, maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property, shall be deemed a private nuisance. However, nothing herein contained shall limit the right of a municipality to forbid the erection of a fence less than 6 feet in height.
844.10.Private nuisances.
Ch. 844: Interference with Interest; Physical Injury · Last amended 1975 · Last verified July 15, 2026
In one sentenceSection 844.10 deems a fence, hedge, or similar structure over six feet tall a private nuisance when it is unnecessary and maliciously erected or maintained to annoy neighboring owners or occupants, without limiting a municipality’s power to forbid shorter fences.
Full Text of Section 844.10
Plain-English Summary
Section 844.10 targets the classic spite fence. A fence, hedge, or other fence-like structure that unnecessarily exceeds six feet in height, and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property, is deemed a private nuisance. Both elements matter: the structure must be unnecessarily tall, and it must be put up or kept up out of malice aimed at annoying the neighbors, not for a legitimate purpose like privacy, security, or containing livestock.
The section closes with a reminder that it does not cap a municipality’s own regulatory power: nothing in the section limits a municipality’s right to forbid fences under six feet in height. Local governments remain free to impose their own, potentially stricter, height limits through ordinance, independent of this statute’s six-foot, malice-based test.
Frequently Asked Questions
Is any fence over six feet automatically a nuisance in Wisconsin?
No. Section 844.10 requires that the excess height be unnecessary and that the fence be maliciously erected or maintained to annoy adjoining owners or occupants; height alone is not enough.
What has to be shown about the fence owner’s purpose?
Section 844.10 requires that the fence be maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property.
Does this section cover hedges as well as fences?
Yes. Section 844.10 covers any fence, hedge, or other structure in the nature of a fence that unnecessarily exceeds six feet in height and meets the malicious-purpose test.
Can a city require fences shorter than six feet even though this section uses a six-foot threshold?
Yes. Section 844.10 expressly states that nothing in it limits a municipality’s right to forbid the erection of a fence less than six feet in height.
What relief could a neighbor get if a spite fence meets this section’s test?
Section 844.10 defines the structure as a private nuisance; the chapter’s other sections on judgment and abatement describe the relief available once something is established as a nuisance.
Amendment History
History: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 844.10.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin spite fence lawfence over six feet nuisance wisconsinmalicious fence neighbor dispute wisconsin844.10 private nuisance