If my neighbours refuse to go halfers for a new fence....?

Question

If I put the new fence up a couple of inches over on my property and paint the other side a rainbow, would they be allowed to change it?

Answer 1

Hi,

possibly they could, if the colour (sorry color) scheme contravened any planning authority legislation. But think about this...

... they may be quite happy about having no fence, or their financial situation may not allow them to spend money on one.

It is YOU that appears to want the fence, YOU that is agitating for them to pay half for something only YOU want. Is that fair?

You may think so but, as it is YOU that wants it why act like a spoiled child just because they don't support your aims?

Also a word of warning...fence lines can, and do, form part of the 'official' boundary lines in property disputes, that's not fiction...it is a fact. By 'moving' your boundary line in (even a couple of inches) could result in any future legal dispute in you losing that amount of your property. So before you indulge in (let's face it) pretty childish 'naa, naaa, na, naa na' actions why not think first and put up the fence you want, on the boundary line and painted in the same finish that you want to see on your side and allow your neighbours to live their lives without brightly coloured painted fences spoiling thier view.

And yes...they can apply to your local planning authority for a change in colour scheme or construction if it is considered 'inappropriate'. (and how would you defend your decision in court?) They may win (and who would blame them?

No...put up your fence responsibly and try to enjoy having neighbours who, at present, only offend you because they don't want to pay for half of the fence YOU want!

Cheers,

BobSpain

Answer 2

First of all, that would not be very nice. Unless your neighbors have a farm, they have no legal responsibility to pay. They don't have any moral responsibility, either. You want the fence, they don't care. You need to pay for this one.

Having said that, if you did do this their rights with regards to altering the fence vary a bit from state to state. Some places it is yours and they can't touch it, in other you need to set back as far as 5' to call it a private fence as opposed to a common fence.

Zoning may come into play as well, there may be regulations about the type and color of your fence. In this case, they could not necessarily change it, but they could bring legal action to make you change it.

Either way, this will have a negative impact on the value of YOUR property as well as causing hard feelings with your neighbors. You may be doing this to punish your next door neighbor, but others in the neighborhood will have to look at it as well. Also, this could negatively impact property values for several surrounding properties, not just yours and next door.

Answer 3

actually no.. but it might fall under a local building code. as a nusance and they would force you to paint it.. if your mad that they wont split the price .. get over it... also they can refuse you to walk on their property to maintain a wooden fence. that goes for the installers also. that point brings up the issue on what side of the post you mount a fence. if its a wooden privacy.. you would have to install it enough on your property to maintain it.. Now onto the other side of being a neighbor... im guessing you would paint the rainbow to **** off the neighbor... if you were my neighbor and did that i would paint some choice words on the fence and then complain to the city. im sure there are ways to make wood decay faster than it should.. and the poison ivy that i would plant along the fence would someday make it to the other side. and i would also install a 6' chainlink fence on my property line (maintenance free) that backs up to your fence just so you wouldnt be able to freely work on your fence. thats why one should always talk to their neighbor about a fence.. if its over cost.. be prepared to bite the bullet since you are the one that wants it.

Answer 4

How are you going to paint the other side if it's only a couple of inches on your property? Deliberately provoking a neighbor is rarely a good idea. If you want the fence and they don't just build it.

Answer 5

You're just asking for trouble. There is no rule that says they have to pay for ANY of the fence. Why are you putting it up any way? What if they don't want a fence, why should they have to pay for it?

Answer 6

Put the fence a foot or two back on your property and paint what you like...as long as it doesn't violate local obscenity/slander laws. This is USA advice, I don't know about UK or other english speaking countries.

Answer 7

It would be advisable to check with your local code office. Your neighbor should not have to live with "graffitti" just because they would not pay for a fence you want. You would also have to be on their property to paint it if it's only a couple inches over the property line.

Answer 8

I get a little vindictive like that, so I know where your coming from. I would suggest that you don't do something that would make a bad living situation for yourself. Maybe your neighbor simply doesn't have the money to pay for half of the fence. Suggest that they pay for only 1/3. See if that works. If they are just Asses, then suck it up and remember Karma will get them!

Answer 9

No, but they can put up a taller fence on their side and write the words FART and DOODOO across the top of it... and then you could... and then they could... until you two have spent lots of money on a war.
They may not have the money, and it's not up to you to decide how they spend their money anyways.

Answer 10

Consult the zoning regulations for your area. Seems like probably not a great idea.