Discussions

What action should be taken? I've been involved in this type of situation before. I worked in bylaw in another city where a new home owner removed a fence he believed to be in his property, the other neighbor called the police who then allied me. In the end the police dragged both neighbours out and had them hash it out...it wasn't pretty. So, if you call the police or the city, be prepared to confront your neighbour.

I would just say thank you for painting the fence. It will preserve the wood anyway...

Interested to see how this turned out.  
As for just saying thanks - what if she made a hell of a mess, used cheap crappy paint in some disgusting color that slopped through to the other side. I think not.

Just a question from this discussion.  
The fence between my property and my neighbor is falling apart.  
Who is responsible for building new fence?  
Also there is a fence between a park and my property.  
Thanks  
 
Edited by G-Money, 2017-08-21 11:49:20

If it is truly a shared fence that is right on the property line then you have to talk to your neighbour and make a plan to replace it at a 50-50 cost sharing basis.

Legally a fence is always a shared property regardless of who spent for the fence. Take note surveys on property lines have a slight margin of error.

Jm69 said "Legally a fence is always a shared property regardless of who spent for the fence. Take note surveys on property lines have a slight margin of error. "

Is there somewhere to prove that? I found this online.  
 
If the fence is on the property line it's the responsibility of both of you. It's a shared fence. You both have a say on what happens to it. You both have the same obligations to maintain it. It’s not your neighbor’s fence when it’s on the property line unless there was an agreement that the neighbor would pay for and own the fence but it could go on the property line. So in this case, this fence is both of yours as the other expert stated. If you want to put up a fence and own it, then you would need to put it just inside your property line.

Jm69 said "Legally a fence is always a shared property regardless of who spent for the fence. Take note surveys on property lines have a slight margin of error. "

Our fence is built just under half a foot inside our proper line all the way around. Therefore it is my fence, not shared property.

If you voluntarily built a fence let's say half a foot inside your property line you've just donated 6 inches to your neighbor.

Jm69 said "If you voluntarily built a fence let's say half a foot inside your property line you've just donated 6 inches to your neighbor. "

Have you got a link to something that backs up that claim. We're talking about real estate here, you can't just transfer title to property by building a fence !!

Common sense! For what reason why you're moving your fence inside your property if you know your property line, now who has access and utilization on that property? ...

who has access to my property that is outside my fence line? Why, I do, of course. I can now walk the outside of my fence without stepping on the neighbor's property. Neighbor cannot use my fence-if he wants to contain an animal then he has to build his own fence and I have a buffer between his animals and mine.

Jm69 said "If you voluntarily built a fence let's say half a foot inside your property line you've just donated 6 inches to your neighbor. "

I really don't think anyone voluntarily builds a fence for the hell of it on their own property. I built my fence on my own property due to the fact my neighbor didn't want to pitch in and pay for it. I am being nice at the moment for god knows why but she waited till everyone built their fences then just built her fence across tying into our fences. I have no problem taking my saws all and cutting the screws from my fence posts holding up her fence. You don't just donate property to the person on the other side.

For Brandon you can build up to the property line (as compared to on it). As long as its built to code/bylaws, if you don't pay you have no say. So if the OP paid for the fence then the neighbor had no right to paint it. Its always a good idea to talk to your neighbor, may be willing to share cost. I built a fence between myself and our neighbors and paid for it all but I talked to them first about it. Now it needs stained, I am paying for it and told them that if they want a different color on their side I was fine with doing it. Its about courtesy from both sides, like Tim and Wilson  
You can get any info about fences/construction from your localplanning district, each may have different rules but here is Brandons.  
 
http://brandonareaplanning.mb.ca/images/handouts/fence.pdf