Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

My neighbor wants to paint his fence, but needs to enter my

Customer Question
property to paint the side...
My neighbor wants to paint his fence, but needs to enter my property to paint the side that's facing my property. I don't want to allow him to enter my property for any reason including maintenance to the fence. I want to know what my rights are and what recourse I can take to prevent them from entering my property. I've heard claims they can get a course order. The fence is on their property but close to the property line. Can they get a court order that would allow them to enter my property for the reason of doing maintenance to the fence.
Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 7 minutes by:
8/10/2016
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10,850
Experience: Just Answer consultant at Self employed
Verified

Unfortunately a neighbor can go on one's property for purposes of repair- here is the statute - please note that it must be limited and efficient:

Section 120. Whoever, without right enters or remains in or upon the dwelling house, buildings, boats or improved or enclosed land, wharf, or pier of another, or enters or remains in a school bus, as defined in section 1 of chapter 90, after having been forbidden so to do by the person who has lawful control of said premises, whether directly or by notice posted thereon, or in violation of a court order pursuant to section thirty-four B of chapter two hundred and eight or section three or four of chapter two hundred and nine A, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days or both such fine and imprisonment. Proof that a court has given notice of such a court order to the alleged offender shall be prima facie evidence that the notice requirement of this section has been met. A person who is found committing such trespass may be arrested by a sheriff, deputy sheriff, constable or police officer and kept in custody in a convenient place, not more than twenty-four hours, Sunday excepted, until a complaint can be made against him for the offence, and he be taken upon a warrant issued upon such complaint.

This section shall not apply to tenants or occupants of residential premises who, having rightfully entered said premises at the commencement of the tenancy or occupancy, remain therein after such tenancy or occupancy has been or is alleged to have been terminated. The owner or landlord of said premises may recover possession thereof only through appropriate civil proceedings.

I'm sorry that I could not locate any exception to this, and I do my best to provide accurate information and unfortunately that is as the law stands.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars *****

as I strive to provide my customers with great service.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Ask Your Own Real Estate Law Question
Customer reply replied 1 year ago
It's not clear to me. Can they get a court order to come in to my property without my permission and theirs nothing I can do?
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

Yes, unfortunately they can - I'm sorry - the wrong statute posted - it is here:

Section 120B. Whoever, being the owner of land abutting that of another, the building or buildings on which are so close to the land of such other person as to require an entry on said abutting land for the purpose of maintaining or repairing said building or buildings in order to prevent waste, shall not be deemed guilty of trespass or liable civilly for damages, provided that such entry is made expeditiously and in the exercise of due care and that no damage is caused by such entry to the land or buildings of said abutting owner. Before such entry said owner shall notify the chief or other officer in charge of the police department of the city or town in which the land is located that he has requested permission to enter on adjoining land from the owner or occupants thereof for the purpose of maintaining or repairing a building or buildings and that such permission has been refused, and that he intends to enter under the provisions of this section. Before entering on said land, said owner shall post bond with the chief of police in the amount of one thousand dollars to protect the adjoining land owner from damage caused by said entry. No person so entering on land of another shall store material or tools thereon for more than eight hours in any one day nor shall he continue to enter thereon for more than thirty days in the aggregate in any calendar year. After said entry, said owner shall in all respects restore said adjoining land to the condition in which it was prior to said entry.

So if there is damage, then the neighbor committing the damage would be liable.

That statute is here:

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter266/Section120B

Ask Your Own Real Estate Law Question
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

Ask Your Own Real Estate Law Question
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10,850
10,850 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I wanted to know who is responsible to enforce maintenance
i wanted to know who is responsible to enforce maintenance on a drainage easement in Bexar County? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,897 satisfied customers
Who is responsible for maintenance of a retaining wall which
Who is responsible for maintenance of a retaining wall which is on the boundary between 2 properties ? I own a Single Family Home in San Francisco, CA. Our street is on a gradient. Our backyard is abo… read more
Seattle Scott
Seattle Scott
Private practice attorney
974 satisfied customers
Neighbor in back is hanging lights on our fence. They did
Neighbor in back is hanging lights on our fence. They did not ask permission to do this and that neighbor told us that she has the right to hang anything on her side of our fence. Is this true?… read more
legalgems
legalgems
Arbitrator
10,850 satisfied customers
San Francisco, CA. Neighbor's fence is falling apart, and
San Francisco, CA. Neighbor's fence is falling apart, and several branches of their tree are hanging over into my yard. What are my options to correct these two situations? Heard I can hire a contract… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,878 satisfied customers
Cam maintenance enter an apartment without permission.
cam maintenance enter an apartment without permission … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,878 satisfied customers
My neighbor's insurance company is completely denying claim
My neighbor's insurance company is completely denying claim for the damage his sir conditioner has caused my carpet and storage room. I sent me neighbor axdensbd letter. He answers by me having to tal… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We live in townhouses that were severely damaged by Harvey.
Hi, we live in townhouses that were severely damaged by Harvey. We own in fee simple and are responsible for our own units, walls, roofs, etc. The HOA has basically dissolved. Some of our neighbors ar… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Another property damaged my property by illegal diversion of
Hi another property damaged my property by illegal diversion of storm water. I have not sued them yet but now they are selling their home trying to run from me. Viewing your article. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I have a tree on my property that has damaged a neighbor's
I have a tree on my property that has damaged a neighbor's pipe. We've both gone through our homeowner's insurance (state farm) and filed claims to get things fixed. Both claims were denied - his was … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,030 satisfied customers
Can I build on an lake maintenance easement? Florida, In the
Can I build on an lake maintenance easement? JA: Because real estate law varies from place to place, can you tell me what state this is in? Customer: Florida JA: Has any paperwork been filed? Customer… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Neighbor's tree fell on my garage - damage is moderate -
Neighbor's tree fell on my garage - damage is moderate - tree was old and dead for quite sometime - I I know I never sent a formal documented complaint was sent to neighbor - maybe another neighbor or… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,878 satisfied customers
Our Private Road's Maintenance ....Agreement, signed by 9
Our Private Road's Maintenance ....Agreement, signed by 9 home owners of the 9 homes on this steep road 30 years ago, is about to expire; it stipulates that it will then automatically renew for a peri… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,050 satisfied customers
Neighbors water leak has caused damage to my property. how
neighbors water leak has caused damage to my property. how do I proceed … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,903 satisfied customers
I have an issue with a neighbor who damaged steps of mine
I have an issue with a neighbor who damaged steps of mine because she says they are hers. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,451 satisfied customers
My neighbor damaged my property and they are renters. I
My neighbor damaged my property and they are renters. I don't have the renters names. So I can't file against them for damages. I called the owner and they won't give me their names. Can I sue the own… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Damage from a tree falling from neighbor's property (Hope I
Damage from a tree falling from neighbor's property (Hope I have classified this properly...) The state is Delaware. This is hypothetical, but describes a potential problem. Adjourning property to our… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Am I liable for damages to my neighbor's foundation due to
Am I liable for damages to my neighbor's foundation due to tree roots from my tree which is just a little off of our propery line. He has wanted me to remove this tree for a few years and I had an arb… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
My house suffered damage from a fire at my neighbors house,
my house suffered damage from a fire at my neighbors house, it was vacant at the time, and my insurance company tells me the neighbors insurance company has denied any and all claim because there was … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x