My response:mksearch said:What is the name of your state?Florida
Our neighbor painted our fence on our property without our permission.
We have obtained an estimate for him to replace fence. We don't think he will pay. Any advice on how to win in court? Thanks
mksearch said:What disturbs me is that he painted the wood fence. I don't want it painted at all. I purchased an extra expensive type of wood fence that had a special treatment to last with a warranty, and now the fence is painted which is never what I wanted my fence to be...painted. The fact that he did it without asking us permission simply means that we were not given the option to tell him "No, you may not paint the fence". This would have eliminated the problem. Thanks.
mksearch said:Hi, and thanks for your advice. The fence was installed three years ago when shortly after we built our new home. The fence company asked for the land survey to ensure that the fence would be installed three inches to six inches on our property side away from the property line, just to prevent this type of problem.
I drafted a letter requesting payment based on the replacement estimate, and intend on sending registered mail tomorrow, and included a 10 day response request, or stated we would have to pursue legal action.
I agree and I would add the word "trespass" to the letter, because that is what your jerk neighbor did.I AM ALWAYS LIABLE said:My response:
Okay. Just understand that you're not entitled to replacement costs. You're entitled to the value of a 3 year old fence, and based upon the value 3 years ago - - not current labor and material pricing.
IAAL
I'm not so sure they're entitled to even that - why can't the paint just be stripped off, rather than replacing the whole (used) fence?I AM ALWAYS LIABLE said:My response:
Okay. Just understand that you're not entitled to replacement costs. You're entitled to the value of a 3 year old fence, and based upon the value 3 years ago - - not current labor and material pricing.
IAAL
mksearch said:I purchased an Ultrawood fence designed to last 100 years without stain, or paint....with the desire to keep a natural wood appearance.
I intstalled the fence on my property within the boundary of my property not on the line as the fence company instructed me to do so.
The neighbor chose to paint my fence bright white since he was having his wedding at home this weekend. He claims he asked the other adjacent neighbors, but forgot to ask us.
We have the newest most lengthy fence. We feel that he knew if he asked us, we would have told him no. We feel this was done on purpose to coincide with his home entertaining plans.
I said to the homeowner, and the subdivision developer that he had no right to paint my property any more than I had to go paint the side of his house that faced mine. ( as you suggested)
They say the home association rules don't apply to anything that is not facing the street so it is up to me to sue him.
mksearch said:I purchased an Ultrawood fence designed to last 100 years without stain, or paint....with the desire to keep a natural wood appearance.
**A: please post the link to the manufacturer so I can verify your 100 years statement.
I have never seen a 100 year warranty on any home building product before.
HomeGuru said:Well, this is halfway there.mksearch said:I purchased an Ultrawood fence designed to last 100 years without stain, or paint....with the desire to keep a natural wood appearance.
**A: please post the link to the manufacturer so I can verify your 100 years statement.
I have never seen a 100 year warranty on any home building product before.
http://www.orlandofence.com/products.htm
Hire someone to go and sand blast the paint off this weekend during the wedding Send him the bill.mksearch said:I purchased an Ultrawood fence designed to last 100 years without stain, or paint....with the desire to keep a natural wood appearance.
I intstalled the fence on my property within the boundary of my property not on the line as the fence company instructed me to do so.
The neighbor chose to paint my fence bright white since he was having his wedding at home this weekend. He claims he asked the other adjacent neighbors, but forgot to ask us.
We have the newest most lengthy fence. We feel that he knew if he asked us, we would have told him no. We feel this was done on purpose to coincide with his home entertaining plans.
I said to the homeowner, and the subdivision developer that he had no right to paint my property any more than I had to go paint the side of his house that faced mine. ( as you suggested)
They say the home association rules don't apply to anything that is not facing the street so it is up to me to sue him.
rmet4nzkx said:Hire someone to go and sand blast the paint off this weekend during the wedding Send him the bill.