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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31012
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We have a fence around our backyard. When the neighbor in

Customer Question

We have a fence around our backyard. When the neighbor in back moved in they wanted tonreplace the fence and have us pay for 1 side ( they also billd the other neighbors. They changed the fence from 5' to 6' with bent over barbed wire ( to let cats out that can't get over the fence) Our lots dont match up so they only changed half of our back fence...so then we had 1/2 5' and 1/2 6'. Different wood and didnt do the cross bars correct for height change. So we then paid to have a company come out and replace the other half, starting at 6 ' ten tapering down to 5'. The ugly side is also our side. Id like to paint a mural on our side...can I ? I realize I cant have paint leak through the slats to be seen on their side. Basically the fence is 1/2 ours and 1/2 theirs although they put up the "bad side facing us.
Thank you.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Roger replied 5 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

If you own 1/2 of the fence and if you've paid 1/2 the costs, you should have the right to maintain or paint your side. But, your best option is to speak with your neighbor first and reach an agreement about what you do to your side of the fence to avoid any issues, confusion or discourse between you and your neighbor.

Expert:  Roger replied 5 months ago.

It's much easier to reach a deal with your neighbor -- and get it in writing, even if it is a text or email -- and then go ahead with your project.

Customer: replied 5 months ago.
We do not have a relationship with our neighbor. So i was looking for a legal answer. Sorry to be critical but it is the same answer I got searching the internet from yahoo answers. For 50 bucks I was expecting a little more back and forth and legal options.
Expert:  Roger replied 5 months ago.
You can ask follow-ups if you like. But, if you own a 1/2 interest in the fence, you should be able to maintain it and keep it in good repair.So, you should have the right -- as 1/2 owner -- to paint the fence.
Expert:  Roger replied 5 months ago.
However, if you paint it.....and the neighbor doesn't like it....he/she could repaint right behind you. So, you're better off to have an agreement with the neighbor before moving on.
Expert:  Roger replied 5 months ago.

If you need anything further, please let me know. Thanks.

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