Wis. Stat. » CHAPTER 844 — INTERFERENCE WITH INTEREST; PHYSICAL INJURY
Wisconsin Statutes

Wis. Stat. § 844.10 (2026)

Private nuisances

✓ current as of July 2026
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844.10844.10 Private nuisances. 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 HistoryHistory: 1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 767 (1975); Stats. 1975 s. 844.10.
844.10 AnnotationThat a fence is less than 6 feet in height does not preclude a finding that it is a private nuisance. Schultz v. Trascher, 2002 WI App 4, 249 Wis. 2d 722, 640 N.W.2d 130, 00-3182.
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2001–2025 · leading case: Schultz v. Trascher, 2002 WI App 4 (Wis. Ct. App. 2001).
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Schultz v. Trascher, 2002 WI App 4 (Wis. Ct. App. 2001). · cites it 12× “§ 844.10 precludes the trial court from concluding her forty-eight-inch fence could be considered a private nuisance.”
Apple Hill Farms Dev., LLP v. Price, 2012 WI App 69 (Wis. Ct. App. 2012). · cites it 10× “Price further argues the court improperly relied on the spite fence statute, Wis. Stat. § 844.10 , 1 because the statute was not identified in the complaint, and the wall did not meet the statutory definition.”
Wilson v. Handley, 119 Cal. Rptr. 2d 263 (Cal. Ct. App. 2002). “Laws § 34-10-1 (1956); Wis. Stat. Ann. § 844.10 (West 1994).) Meanwhile, beginning in 1888, courts in some states began to hold that a fence erected for no purpose except to harm a neighbor could be abated as a nuisance under the common law.”
Shaun Koenig v. Timothy N. Aldrich (Wis. Ct. App. 2020). · cites it 2× “§ 844.10 (2017-18),1 thus requiring its removal.”
Kathe Lake v. Mei & Assocs., S.C. (Wis. Ct. App. 2024). “§ 844.10. Attorney Mei informed Lake of the conversation.”
V.A. House N3595, LLC v. Kt Hay, LLC (Wis. Ct. App. 2025). “§ 844.10, which prohibits the construction of “[a]ny fence, hedge 8 Nos.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.