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UPDATED. So angry at my neighbor. Does anyone know the law?

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LiveItUp
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Re: So angry at my neighbor. Does anyone know the law?

Posted by Erica

Posted by Katareen

Call me crazy but this wouldn't bother me in the least--I can't see that side of the fence anyway! If he didn't mention paiting it would you even know he did it?




This is what I thought as well. I understand it's the principle, but I think the relationship with a neighbor is more important.



Even if they can't see it, I can still see how it would bother them to know that the other side of their brand new and most likely very expensive fence is now painted. I know this doesn't happen often, but technically, if something were to happen to damage a part of the fence on the OP's side, since they paid for it, they should have the right to take that piece of fence out, turn it around and reinstall it so the undamaged side faces their property, since it's their fence that they paid for. But if it's painted on the other side, they wouldn't have this option.

Another thing that doesn't usually happen, but could, is someday the OP might want to take the fence down and sell it if for some reason they needed extra money, and they wouldn't be able to sell it if one side was covered in peeling paint. I know that's not likely to happen, but you never know, since PVC is expensive and stays in good condition over time.

If the neighbor hates the white fence that much, he has the right to install whatever kind of fence he likes next to it or plant bushes.

Even though it borders the neighbor's property, it's NOT the neighbor's property. It would be different if the neighbor paid for half of it, then he could do whatever he wants with his half.

Posted 1/7/12 10:47 AM
 
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CallaLily
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Re: So angry at my neighbor. Does anyone know the law?

Posted by LiveItUp

Posted by Erica

Posted by Katareen

Call me crazy but this wouldn't bother me in the least--I can't see that side of the fence anyway! If he didn't mention paiting it would you even know he did it?




This is what I thought as well. I understand it's the principle, but I think the relationship with a neighbor is more important.



Even if they can't see it, I can still see how it would bother them to know that the other side of their brand new and most likely very expensive fence is now painted. I know this doesn't happen often, but technically, if something were to happen to damage a part of the fence on the OP's side, since they paid for it, they should have the right to take that piece of fence out, turn it around and reinstall it so the undamaged side faces their property, since it's their fence that they paid for. But if it's painted on the other side, they wouldn't have this option.

Another thing that doesn't usually happen, but could, is someday the OP might want to take the fence down and sell it if for some reason they needed extra money, and they wouldn't be able to sell it if one side was covered in peeling paint. I know that's not likely to happen, but you never know, since PVC is expensive and stays in good condition over time.

If the neighbor hates the white fence that much, he has the right to install whatever kind of fence he likes next to it or plant bushes.

Even though it borders the neighbor's property, it's NOT the neighbor's property. It would be different if the neighbor paid for half of it, then he could do whatever he wants with his half.



Exactly. We saved for a long time to get this fence. It was very expensive for us and the idea of someone touching it is driving me crazy. There is also a different process that he would have to use to paint it b/c it is pvc. I don't want anything destroying it. You also bring up a good point about flipping the fence if it ever got damaged...I didn't even think of that.

Let me also just say that we bought this house from DH's mom. It is the house that DH grew up in and they are they neighbors he grew up with. He has always had a good relationship with them and my DH has always been a great neighbor to this person and done him MANY favors over the years. Since we bought the house, there have been a few times when this particular neighbor has tried to intimidate DH. I feel he still thinks of DH as the little boy who grew up next door and tries to take advantage. I'm tired of it and I want them to stop thinking they can walk all over us because we are young, new homeowners.

Message edited 1/7/2012 8:16:00 PM.

Posted 1/7/12 12:09 PM
 

lbride
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Lisa

Re: So angry at my neighbor. Does anyone know the law?

I like how someone brought up about the warranty on the fence. I would use that as your excuse to the neighbor whether it's true or not. This may save your fence and your relationship with your neighbor.

Posted 1/7/12 2:32 PM
 

CallaLily
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Re: So angry at my neighbor. Does anyone know the law?

Posted by MsSissy


ETA: Curious if there is a warranty on the fence. If there is would painting it void that?



There is a warranty on the fence. I am going to call and see what they say. You are right...painting it may void it.

Posted 1/7/12 2:55 PM
 

Goobster
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Re: So angry at my neighbor. Does anyone know the law?

Posted by CallaLily

Posted by MsSissy


ETA: Curious if there is a warranty on the fence. If there is would painting it void that?



There is a warranty on the fence. I am going to call and see what they say. You are right...painting it may void it.



I am sure it may void it and honestly, he would have to physicallyTREAT IT in order for paint to adhere (sand it, take the topcoat off with some kind of paint thinner to dull it, etc). So no, he cannot paint it and he needs to be told he is not allowed to paint it.

Sounds like they are trying to walk on your DH based on the senario you describe. I would put my foot down now.

Posted 1/7/12 6:40 PM
 

Blazesyth
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Re: So angry at my neighbor. Does anyone know the law?

I know they have special spraypaint made for PVC - not sure if they have it in gallon/roller paint form or spray only.

It's made to not peel on PVC surfaces.

Posted 1/8/12 5:44 PM
 

LadyBugN2Buggies
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Re: So angry at my neighbor. Does anyone know the law?

Isn't it YOUR fence, that YOU purchased, regardless if it lies on his property line?

I would be IRATE.

The cost of PVC fences are no joke.


If he wants a fence painted a certain color, he can do the same thing you did.......he can go out and purchase his OWN fence in whatever color he wishes, and install it to look at it all damn day and be happy.

Posted 1/8/12 6:19 PM
 

Goobster
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Re: So angry at my neighbor. Does anyone know the law?

Posted by LadyBugN2Buggies

Isn't it YOUR fence, that YOU purchased, regardless if it lies on his property line?




Fences are not supposed to be directly on a property line. They are supposed to be a few inches in towards your own property line. If your fence/property is on someone's property, that a whole different issue.

Posted 1/8/12 8:36 PM
 

KLSbear
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Karen

Re: So angry at my neighbor. Does anyone know the law?

My concern with painting is that the joints between fence sections are probably not completely tight and whether he sprays or rolls paint on, it's likly that some will seep through and leak to show on the other side. That would really be a mess!

Posted 1/9/12 9:01 AM
 

laurabora
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Laura

Re: So angry at my neighbor. Does anyone know the law?

Posted by KLSbear

My concern with painting is that the joints between fence sections are probably not completely tight and whether he sprays or rolls paint on, it's likly that some will seep through and leak to show on the other side. That would really be a mess!



THIS exactly. At our last house we had a wood fence and our neighbor on one side took it upon himself to paint his side white. Well his white paint bled through onto our side and he also wasn't very neat at the top edge or on the posts so we saw the white on our side. I hated it but knew we were moving soon so didn't make a stink. No way I'd let him do this.

Posted 1/9/12 10:08 AM
 

LoveMyFamily
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Alyson

Re: So angry at my neighbor. Does anyone know the law?

Posted by Century 21 Dallow - Christine Braun

I am a lawyer, but it's been awhile since I took property law and real estate disputes were never my area of practice.

With that caveat, I think your neighbor's rights depend on whether the fence is on a shared property line or entirely on your property. If it's the former, I believe in NY it's considered a shared fence, regardless of who paid for it. If it's all on your property, then it's yours and your neighbor can't do anything to change/alter it (i.e., shouldn't have painted it).



I'm a lawyer as well and, although I have not researched this to be sure, I would also believe that if the fence was placed entirely on your property, then it is entirely YOUR fence & your neighbor can't paint it. Like Christine said, he/she can put a fence up to block it on his/her property, but cannot deface yours. Agreed with CHristine on this one.

Posted 1/12/12 7:56 PM
 

CallaLily
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Re: So angry at my neighbor. Does anyone know the law?

Bump for update

Posted 1/15/12 4:47 PM
 

MsSissy
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Re: UPDATED. So angry at my neighbor. Does anyone know the law?

Posted by CallaLily

Update: So DH called the fence co and it turns out that painting it DOES void the warranty. DH went over to talk to our neighbor who said he decided not to paint it anyway. Chat Icon DH made sure that he knew it was not an option in the future because it would ruin the warranty. The neighbor seemed annoyed but that's his touch luck! Thank you for all your advice ladies!



Glad that worked out for you.
Chat Icon

Posted 1/15/12 4:54 PM
 
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