I have a fence on my property, can my neighbor paint or do whatever he wants to it without my permission

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I have a fence on my property, can my neighbor paint or do whatever he wants to it without my permission

my neighbor pressure washed my fence and i think he is going to paint it, he
never asked me is this legal

Asked on September 5, 2019 under Real Estate Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If the fence is on your property then your neighbor has no right to paint it or any of your other property for that matter). If he does paint it, then you can sue in small claims court for the cost to retore it to its previous condition or possibly even replace it if it can't be restored. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, if the fence is on your property, he cannot paint it any more than he could paint your house, your garage, your shed, your deck, etc. A fence on your property is 100% your property, and no one else has the right to make any changes to it; if he does, you could sue him for the cost to restore it, if you wanted.


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