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Neighbor Painted Our Fence!

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mksearch

Junior Member
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
 


I AM ALWAYS LIABLE

Senior Member
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
My response:

Is it just a matter of his failing to obtain permission, or is there some other reason why his painting of your fence disturbs you?

IAAL
 

mksearch

Junior Member
Answer to post

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.
 

I AM ALWAYS LIABLE

Senior Member
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.

My response:

Okay, fair enough. Now, tell me where the fence is located; e.g., on your side of the property boundary, or on the property line between your contiguous properties?

Also, how old is the fence?

IAAL
 

mksearch

Junior Member
Location and age of fence

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 AM ALWAYS LIABLE

Senior Member
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.

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
 
S

seniorjudge

Guest
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 agree and I would add the word "trespass" to the letter, because that is what your jerk neighbor did.
 

You Are Guilty

Senior Member
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?

TO the OP: rather than sue, may I suggest you head on down to your local home supply store, find the worst color paint thats on sale, purchase several gallons and go paint your neighbor's house? Apparently they believe in painting things that aren't theirs, so it shouldn't be an issue, and it will save you a lot of money in court costs.
 

mksearch

Junior Member
More Information

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.
 
S

seniorjudge

Guest
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.

I don't know how much we're talking about, but this MAY be a case where you could get punitive damages. There's no question that this is an intentional tort.

BUT I don't know the law in your state.

This will boil down to an economic issue: which is cheaper -- repairing the fence or suing the neighbor.
 

HomeGuru

Senior Member
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.
 

rmet4nzkx

Senior Member
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.
Hire someone to go and sand blast the paint off this weekend during the wedding :) Send him the bill.
 

rutica

Member
rmet4nzkx said:
Hire someone to go and sand blast the paint off this weekend during the wedding :) Send him the bill.

Ha! i love it. and don't you need to also use your chainsaw, lawnmower and leaf blower this weekend. and while you're at it, invite over all your friends who have big loud dogs. and is that airhorn you bought broken? better check this weekend.
 

mksearch

Junior Member
Fence update

Thanks again for all advice, some very amusing. I sent the letter, and we will see if I get a response. I understand if it goes to court that the replacement cost will be based on the three year old "used" fence now.

It has been since February 20th, and the homeowner has not made any attempt to solve the problem. They are just ignoring their behavior waiting to see what we will do.

I read one post about the warranty....the Ultrawood fence was manufactured by a local fence company....now voided since fence was painted....

I wish I would have caught the painter as he just started not when he was finishing, that is for sure. Amazing what people think they can do to something that isn't something they paid for.

:)
 

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