What can we do if our neighbor painted the fence on our property?

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What can we do if our neighbor painted the fence on our property?

We built a green metal fence all around our yard. Our previous neighbor was okay with it. There was originally no fence in the back of our yard and on the right side, just the left. We enclosed our yard and locked in with the neighbor’s fence on the left side. The fence continues out past their fence and has a huge gate attached to it. There is a telephone pole marking the property line in the front yard. Once you cross it youre in our yard. They crossed on to our property and painted the side facing their house black without our consent at night. We talked to them multiple times and they admitted they had done it and they refused to change it back to the way it was. We now have a green metal fence with one side painted with a cheap black color. Is it criminal trespassing and vandalism? They did cross over on to our property line in our front yard and painted it, again without our consent.

Asked on June 28, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is trespassing and vandalism, and you could look to press charges for it.
You could also sue them for the cost to have the fence repainted; maybe once they pay you money (and judge explains to them that every time they paint your property, they will have to pay to pain it back), they will get the idea. The simple fact is, they have NO right to enter your property and/or to paint your property (the fence) even if they don't like the color, the same you you cannot repaint their house or garage if you didn't like the colors they chose. The law does not give them the any rights vis-a-vis your property on your lot.


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