There are few things more awkward than your neighbor encroaching on your privacy and property, for example, by attaching things to your fence with nails or a drill. It can leave you with a hundred different questions: Are they allowed to? Do I ask them to take it down? Who owns the fence anyway?
The basic rule of thumb is that permission must be granted from the owner of the fence, generally speaking whose property it sits on. But, unlike pruning a neighbor's overhanging tree branch, this dispute can be a little more tricky to navigate. It depends on not only ownership of the fence, but also if local regulations require shared maintenance, if you live in a HOA, and how much damage the specific attached items are causing – you may even need permission to hang these lightweight bistro-style string lights from Amazon.
To help find a simple answer to your particular circumstance, I asked property law experts for the lowdown. Here's what they said.
What Attorneys Say
When it comes to whether your neighbor can attach things to your fence, the first thing to do is identify whether it actually is in your ownership.
'In most jurisdictions, the fence typically belongs to the person whose property it sits on. While a fence looks to the naked eye like it is sitting on both properties, it usually is not,' says attorney Golnoush Goharzad.
'Homeowners can check their property survey or plat map to determine exactly where the boundary line falls,' she adds.
It is then a case of seeking permission from the property owner, even if you wish to attach things to the side of the fence facing into your yard.
'Generally, a neighbor should not attach anything to a fence they don't own without permission. Even seemingly minor additions like hooks, garden lights, or bird feeders can cause damage, add weight stress, or alter the fence's condition, potentially creating liability issues,' Golnoush explains.
'Hanging lights, hooks, planters or bird feeders without permission can trigger trespass or property damage issues, especially whether it involves drilling holes or wiring for electricity,' adds real estate legal expert Seann Patrick Malloy.
This is more important than it may seem, as the experts note any injury caused by a weakened fence could land you in trouble.
'If someone hangs something that later falls and injures a guest, a child, or even the neighbor, the question becomes who created the hazard,' explains attorney Parham Nikfarjam. 'The person who attached the item could end up responsible, even if they thought it was harmless,' he adds.
In the Case of a Shared Fence
'There are some unique cases where the fence sits directly on the property line and may be considered a shared or 'party' fence, which complicates things,' Golnoush explains.
'In those circumstances, look to HOA rules (if there is an HOA) or local city codes. Finding out who built the fence between the two properties is also a useful indicator,' she advises.
The result of a further investigation may be that both parties have a say about the fence and what can be attached, needing to come to a mutual decision. This is often the case if local regulations require both neighbors to share maintenance of the fence.
But, Golnoush warns to still proceed with caution when making this decision:
'Allowing a neighbor to post things on your fence can also lead to issues with your homeowners' insurance if an incident was to occur as a result,' she says.
How to Settle a Dispute
If your neighbor is proving reluctant to take down any attachments you aren't happy with on a fence you own, there are some options available to you.
'I always recommend starting with a direct, good-faith conversation. I expect and hope that most neighborly disputes can be resolved that way,' says Golnoush.
'If you and your neighbor are not on good terms, then the HOA can mediate the issue if there is one. Litigation is a last resort, but property owners do have legal remedies available if a neighbor refuses to remove attachments that are causing damage to their fence,' she adds.
In this case, you can turn to a mediator or legal help to resolve the issue without any further disagreements.
'Show your neighbor the survey. Take photos. Keep communication in writing. A conversation backed by facts works better than an argument based on emotions,' Parham advises.
'If that doesn’t resolve it, mediation is usually faster and less expensive than litigation,' he adds.
FAQs
Can I Paint My Neighbor's Fence?
Whether your neighbor can paint their side of your fence is a bit more convoluted than whether they can attach things to it. This is because some local ordinances require both homeowners to maintain a fence, meaning both parties have the right to paint it.
In other circumstances, there is no obligation from the neighbor who doesn't own the fence to paint it, and by the same token they require permission from the property owner to paint their side of it. So, it ultimately depends on your local regulations.
There are so many rules and regulations when it comes to you and your neighbor's properties. Check out our articles on building a pergola next to a neighbor's fence for some more insight.
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