Is It Okay To Paint Your Side Of A Neighbor's Fence? Here's What You Might Be Risking

You've spent plenty of time and money landscaping your yard, and now all that's left is to give that fence between yours and your neighbor's house a fresh coat of paint. Perhaps a lovely whitewashed fence is just the ticket. The question is, can you paint your side of the fence? The answer is, it depends on where the fence is located in relation to the property lines. There are several ways to find your property lines. Many local governments use Geographic Information Systems (GIS) maps that include boundary lines. Your property deed should also include a written description of the boundary lines and identifiable landmarks. If these documents aren't clear, hire a professional surveyor to measure and mark your property lines.

It is worth doing the research to know your rights. If the fence is squarely on your property, it is yours, and you are free to paint away. You could even consider painting an outdoor mural if it's a wooden fence. The responsibility for a fence that's on the property line is shared by both property owners. It would be best to get your neighbor's permission to paint your side. If the fence is squarely on your neighbor's property, you can't paint it unless you get your neighbor's explicit permission. If you do paint it without your neighbor's permission, you risk for property damage or vandalism. 

The best way to avoid creating a conflict with your neighbor or risking legal action is to communicate with your neighbor. Have a friendly conversation and explain what you would like to do. If they agree with the plan, put it in writing and have them sign it to avoid any future disputes. Make sure the document clearly states that your neighbor gives you permission to paint the fence, and give them a copy. This is true even if you want to stain and seal a wood fence to protect it. Your neighbor may even surprise you by offering to help with the painting. 

Be aware, though, that the final authority on this matter may not even rest with your neighbor. Homeowners associations (HOAs) and municipalities have their own laws and governances regarding fences. Many HOAs have rules that regulate color and maintenance. Some even require that fences be constructed a certain distance from the property line, which help avoid disputes over fence ownership. Your city or county also has ordinances around residential fence construction and maintenance. Research these ordinances and HOA rules before embarking on any fence-painting project, as they are the final authority on fence ownership and maintenance requirements. Laws vary by city and state, so research your local laws and ordinances through your local Planning and Zoning office.