Neighbors accessing your property to paint their fence (home, contractors)

[MonikaClough]

Our neighbors just recently put up a fence. No problem. We have put up some privacy trees on our property side of the fence (mostly because we like to see greenery and not a fence). Over the last year, our neighbors have had many contractors come and some have accessed our property to complete work for our neighbors. Some have also damaged our flower beds, shrubs, run over our grass and we have respectfully asked our neighbors to have their contractors respect our property boundaries. Our neighbors recently let us know that next summer they want to paint their new fence and in order to access the one side of their fence, they need to be on our property. We are not crazy about this idea because we have flower beds, vegetable garden, and other shrubbery that they would be directly accessing on our property to gain access to their fence. With the past damage, we really just want to be left alone. My question is, "What are our legal rights? Do we legally have to allow our neighbors access on our property to paint their fence and if so what if they damage our garden, shrubbery, etc.?

[rent.in.nyc]

Originally Posted by MonikaClough

Our neighbors just recently put up a fence. No problem. We have put up some privacy trees on our property side of the fence (mostly because we like to see greenery and not a fence). Over the last year, our neighbors have had many contractors come and some have accessed our property to complete work for our neighbors. Some have also damaged our flower beds, shrubs, run over our grass and we have respectfully asked our neighbors to have their contractors respect our property boundaries. Our neighbors recently let us know that next summer they want to paint their new fence and in order to access the one side of their fence, they need to be on our property. We are not crazy about this idea because we have flower beds, vegetable garden, and other shrubbery that they would be directly accessing on our property to gain access to their fence. With the past damage, we really just want to be left alone. My question is, "What are our legal rights? Do we legally have to allow our neighbors access on our property to paint their fence and if so what if they damage our garden, shrubbery, etc.?

No, they do not have the legal right to access your property to paint their fence on your side, if the fence runs exactly on the borderline between the neighbors' and your property.

You have 3 options:

1.) Tell your neighbor to remind the contractor again to be very careful about your flowerbeds when painting the fence on your side. If you are entitled for reembursement in case they damage your flowerbeds, I do not know exactly, maybe only if you warn them about it in advance.

2.) Paint the fence yourself after the neighbors supply you with the materials.

3.) Leave the fence as is on your side

[Hollytree]

Your legal rights are what your state fencing laws say they are. Look them up- every state is different. It also depends whether it is a true boundary fence or if it is on their property entirely.

Most people handle this by talking with their neighbors and sharing their concerns. Have you spoken with your neighbors?

[robrath]

Maybe its just my ignorance, but are you absolutely certain that the fence sits directly ON the boundary line? What happens if push comes to shove and a survey shows what you thought was the edge of your property is actually your neighbor's? Before you get to that stage, I think a sit down face to face conversation with your neighbor to discuss the concerns and document it would go a long ways. You have to live next to them for a while anyways, might as well have a happy neighbor than someone that holds a grudge against you.

[RustinginSeattle]

Do you want the fence to remain unpainted and weathered? If so, let them know to leave your side alone. If you would like it painted, I would take the free painting service and ask them to be extra careful of your plants.

[Ruth4Truth]

Is there no one at home during the day at your place, to supervise the contractors? If not, would you be amenable to offering to paint the fence yourselves, if they provide the paint? That would be one compromise. And of course, as earlier suggested, double-check your property line.

[franklin42]

Originally Posted by Ruth4Truth

Is there no one at home during the day at your place, to supervise the contractors? If not, would you be amenable to offering to paint the fence yourselves, if they provide the paint? That would be one compromise. And of course, as earlier suggested, double-check your property line.

Getting your property surveyed is not cheap. If you are able to "double check" the property lines awesome, if not , be prepared to pay dearly. We had it done before we continued a fence line/retaining wall and it was worth every penny.

[StealthRabbit]

I see a fluorescent Orange fence (on ONE SIDE) showing up in about 10 months...

Guess which side....

[hurricane harry]

Put up a fence against their fence.

[pirateer]

Tell them you will need $200 or whatever you come up with, up front, to alleviate any potential damage, aggravation, and stress it will cause you.