• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wont allow us to maintain the fence!!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? South Carolina

We moved into a new home last February and immediately erected a fence on the property line. No problems, we staiend it, no problems. 3 weeks ago, husband went to restain and the neighbor asked us not to as they are putting up a fence ( completely different design) and they want to stain a different color. The long side of our fence is now the long side of their fence.
We said ok but, please stain soon. It is now almost 3 weeks since they erected their fence and they havent done anything. If they want their new fence to rot, I dont care but they are not allowing us to maintain ours. We now cannot stain the outside wall without entering their fenced in yard.
What can we do? We are using a honey golden stain and they want their fence to have a dark, almost black stain!!!
 


FarmerJ

Senior Member
Sally use a ladder and a roller or paint pad on a long pole with paint pan full of stain, stand on ladder ,dip, move pole up and over to the side of fence that needs it and stain away. Your neighbor can complain all they want , you will be doing it from your side of the fence and be standing on your own land. It is a shame you chose to put the fence on the lot line with out second coat staining that side first. They will be free to stain the fence sections they own what ever color they want but once you have done it politely tell them in writting you didnt want to wait and now that its done you no longer agree to them doing any work to it or changing the color and send it to them via certified mail.
 
thanks for the response. truth is, we dont care that they plan om changing the color. It faces into their yard and they have to live with it, Hubby did tell the neighbor not to spray it but to roll because if their dark stain seeps through to the other side ( the side facing us ) we will be upset. He agreed.

we did not ask them to help with the cost of the fence and we discussed the fence before we placed it. Again, we are not "friends" with the neighbors but friendly. They told hubby that they are going to power wash the fence so that the stain we placed last february will come off and then they will start. Nothing has been done.

I mentioned to hubby that we should ask them again when they plan on staining and then tell them that if it is not done by xxx date, we will go ahead and they can restain all they want later. He says it will look "pushy" if we do that.
 
no, I will not stain my fence their preferred color and as I write this, they still have not stained. Hubby is going to tell them tonight that we are restaining this weekend and they can pressure washi it off later, enough is enough.
 

CraigFL

Member
Personally, I would maintain both sides of MY fence the way I want to. If they powerwash your fence and the high pressure eats up the wood, you will end up being responsible for it. If the fence is truly on your property, it's yours so don't abdicate your rights.

P.S. They don't have to give you access to the other side of your fence so you need to use the ladder trick to do it from your property.
 

Zigner

Senior Member, Non-Attorney
no, I will not stain my fence their preferred color ...
So, at this point, it's stubbornness...

The stain will cost the same. The labor is the same. You won't ever see it and already said that you don't care WHAT color they stain it. Your entire objective is (supposedly) to protect your fence. Why not just do it in the color they are planning on using?

ETA: I'll betcha that'll even solve the whole problem of accessing the fence from their property to do the work. ;)
 
well zigner, they didnt offer to help pay for 1/2 of that wall. they havent stained it and yet they have use of it. So, by you, not only am I giving them 1 wall of a fence for free but I should stain it for them as well!! sorry, no go. We are going to stain it our color and I am going to use the ladder and roller trick. Hubby said he will do it this weekend while they are away.
 

Zigner

Senior Member, Non-Attorney
well zigner, they didnt offer to help pay for 1/2 of that wall. they havent stained it and yet they have use of it. So, by you, not only am I giving them 1 wall of a fence for free but I should stain it for them as well!! sorry, no go. We are going to stain it our color and I am going to use the ladder and roller trick. Hubby said he will do it this weekend while they are away.
Yep, stubbornness. :rolleyes::rolleyes:


Glad you're not MY neighbors.
 

Tallrat

Member
I do not think it is stubbornness at all. It is the neighbor who is stubborn. If I erect an expensive fence I want it protected. Being nice to allow them to stain it another color when they did not have to and then not doing so is rude.

OP: When I put up my fence I made sure I left enough of my land on all side's so I could do what I wanted in case I ever ran into a neighbor who was not cooperative. Luckily I have had no problems.

Give them 5 working day's to get it done then do it yourself.
 

JustAPal00

Senior Member
Sally and Tallrat, while you are both RIGHT, Sally you have to live next to these people for who knows how long. My Fiancee has a saying "Sometimes it's better to be kind than right". In this case maybe it's not kindness as much as it is just swallowing your pride to get along. I think that is the point that Zigner is trying to make. By staining the fence the color the neighbor wants it, you make peace instead of war.
 
I appreciate all the responses. Zigner, you are the kind of neighbor everyone dreads, you take and take and take. Why should I pay for the fence, pay for their stain and do the labor? That is ridiculous. Anyway, they never did stain so hubby did it. We have seen them since then and they havent said anything or done anything.
 

Zigner

Senior Member, Non-Attorney
I appreciate all the responses. Zigner, you are the kind of neighbor everyone dreads, you take and take and take. Why should I pay for the fence, pay for their stain and do the labor? That is ridiculous. Anyway, they never did stain so hubby did it. We have seen them since then and they havent said anything or done anything.
Oh brother :rolleyes:
You're already planning on spending on the stain and doing the labor and you already gave permission for them to change the color AFTER you do this. So, why not just do the color they want?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top