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WELSH v. TODD

No. 176.

133 S.E.2d 171 (1963)

260 N.C. 527

Landis H. WELSH and wife, Margaret W. Welsh, v. Leon M. TODD and wife, Mittie J. Todd.

Supreme Court of North Carolina.

November 20, 1963.

Attorney(s) appearing for the Case

J. C. Wessell, Jr., and Carr & Swails, Wilmington, for plaintiff appellants.

William K. Rhodes, Jr., Wilmington, for defendant appellees.

SHARP, Justice.

Since the decision in Barger v. Barringer, 151 N.C. 433, 66 S.E. 439, 25 L.R.A.,N.S., 831, it has been established law in this State that a spite fence is a private nuisance. A spite fence is one which is of no beneficial use to the owner and which is erected and maintained solely for the purpose of annoying a neighbor. It may be abated, subject to the same equitable principles which govern injunctive relief generally, and damages recovered if any...

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