Legal Question in Real Estate Law in Missouri
Privacy Fence Replacement and Ownership
My privacy fence is within my property boundaries. Neighbor painted it on his side without my permission just prior to me selling it. Does he have to pay for the panels? If he replaces painted ones who gets the old ones?
1 Answer from Attorneys
Re: Privacy Fence Replacement and Ownership
If the fence is wholly on your land, you own it. Your situation is is not too much unlike your nieghbor coming over and painting your house without your permission. It is trespass, vandalism and destruction of property, UNLESS your neighbor was abating a nuisance. If the fence was old, shabby and a public nuisance, some municipalities allow persons to go onto the property of another to abate or fix a public nuisance or dangerous situation.
You did not say if the painting was an improvement. If it was, and the neighbor did not know it was wholly on your land, you could be subject to a claim for unjust enrichment.
Good Luck
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