Can my neighbor paint their side of my fence? Here's the legal regulations you need to know to avoid disputes, plus when to take action

Whether you're the best of friends with your neighbor or you have a bit more of a tricky relationship, some things can get awkward on the property line. Painting a fence, for example, could bring up questions of who the fence belongs to and, therefore, who needs to seek permission from whom to make alterations.

When it comes to who actually owns your fence, there are a few rules to keep in mind. Usually, not all the fences in your yard belong to your property. In most cases, there will be a fence that belongs to you and a fence that belongs to your neighbor. This means the maintenance of the fence falls under the responsibility of the property owner for each boundary.

So, a neighbor painting their side of your fence could actually be making alterations to your property without permission. Although it isn't always as straightforward as this. Here, we take a closer look at the regulations around this issue.

Can my neighbor paint their side of my fence?

Just like cutting a neighbor's hedge or pruning a neighbor's ivy, you cannot make any changes to a fence that lies on the property line of your neighbor, nor can they to your fences.

The first thing to do is determine who owns which fence, as fencing regulations vary from each state. There may also be HOA regulations in place to take into account, so make sure to research the specifics for your location.

Take New York fencing legislation for example, which states both neighbors are responsible for the maintenance of either side of the fence. In this case, your neighbor can paint their side of your fence without the need for permission.

In contrast, Texas fencing legislation is different. Landowners have no obligation to maintain a fence put up by a neighboring landowner.

So, whether it is permitted for a neighbor to paint their side of your fence depends on local regulations.

Of course, if you have a discussion about a neighbor painting their side of your fence beforehand and you're happy to let them, you may want to discuss which paint they will use.

For example, you might advise they use products like this fence stain from Amazon or this fence paint from Amazon which are guaranteed not to cause damage to the fence.

What can I do if my neighbor paints my fence without permission?

In the case where a fence lies on your property line and your neighbor has painted their side of it without permission, there are a few things you can do - including seek legal action.

In any situation where a neighbor has altered something on your property, attorney Jeffrey Reisman suggests obtaining advice from 'a property or real estate lawyer.'

'For specific disputes, a property attorney or local mediator can help,' adds attorney Riley Beam.

However, it's always best to first have a conversation with your neighbor to reach a amicable resolution and save legal costs, such as requesting for the fence to be restored to its original color.

Jeffrey Reisman

Jeffrey Reisman has been practicing criminal law since 2001. First as a prosecutor and then as a defence attorney, Jeffrey has appeared in several Courts in both the U.S. and in Canada, including the American Federal Courts, specifically the Middle District of Florida and Florida Circuit County Courts.

Riley Beam

Riley is the managing attorney at Douglas R. Beam, P.A. based in Melbourne, Florida.

FAQs

Can my neighbor change the height of my fence?

If the maintenance of the fence lies under your responsibility, your neighbor cannot change the height of it without your permission. You also have no obligation to change the height of the fence just because they asked you to. Likewise, you cannot change the height of a fence that falls on your neighbor's property line without their permission.

However, different states have different fencing regulations, and in some instances, both landowners are responsible for each side of the fence and may have to decide on alterations together. We recommend always researching local regulations and seeking legal advice if you're unsure about fence maintenance and other property line queries.

Your neighbor painting their side of your fence isn't the only consideration when it comes to fencing regulations. You may also want to read our guide on whether you can build a pergola next to your neigbor's fence and whether you can prune your neighbor's tree hanging over a fence.