Legal Question in Civil Litigation in Virginia

Fence question

My neighbor painted my wooden fence that is facing his property a different color than the color that I had painted it without my knowledge or permission. The fence is just inside my property line. What recourse do I have?

Thanks


Asked on 9/27/07, 8:05 am

1 Answer from Attorneys

Lee Berlik BerlikLaw, LLC

Re: Fence question

READ THIS FIRST: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: Sounds like you have a bad neighbor. Assuming he has no claim of ownership to the fence, he does not have the right to paint it and you can recover from him the cost of painting it back to its original color. The bigger question for you, however, is whether taking him to court would be worth (1) the expense; and (2) the stress of having to live next door to someone you have sued. Even if you win the case, a neighbor who would secretly paint your fence is probably going to continue to cause you trouble. In the interest of neighborly harmony, you may just want to ask him politely to paint it back to its original state, or just let it go.

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Answered on 9/27/07, 9:50 am


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