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My neighbor has a fence that runs directly on my property line,

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in massachusetts, he had it...
My neighbor has a fence that runs directly on my property line, in massachusetts, he had it survayed and the fence was put directly on my line, my question is, do i have the right to maintain my side of the fence that faces my house,ie. paint or stain the color i want. thank you
Submitted: 3 years ago.Category: Real Estate Law
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6/20/2015
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 3 years ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,320
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, if the fence is on the line, meaning the side facing your house is on your side of the property you would have a right to maintain it, even though he may own the fence itself. However, when you go to do it, he is going to complain if he is as you say he is and that means you would need to go to court and have the court issue an order regarding maintenance and ownership of the fence since it is on the property line as you say.
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