Property line

UPDATED: Oct 1, 2022

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Property line

I built a wood fence on my side of the property line, and my neighbor painted the side facing their property what are my options? Can I repaint the side facing their property? If I do, can I be cited for trespassing? Should I just remove the slats and repaint the side facing their property and then reinstall them? Would it be best to file a small claims court suit?

Asked on October 10, 2017 under Real Estate Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The officer is incorrect: a fence built entirely on your property is YOUR property and the neighbor has no rights in or to it. By the officer's logic, the neighbor could paint the side of your house facing him. Under the law generally, you can paint the fence however you like, BUT you cannot go onto his land to do it--that would be trespassing--you'd have to be able to do it without trespassing. Even to work on something you own, you cannot go on another's land without permission.
You could however sue the neighbor for having painted your property and force him to  repaint it, or pay for the cost of repainting.
Again, that is law generally. It is not impossible that there is some local or town ordinance to the contrary. Call and check  with your town's building department to confirm.
All the above said, since it is facing him, not you, you may be best off leaving this alone.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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