Regardless of whether you are best friends with your next-door neighbor or not, it can get a little confusing when it comes to changes on your property line, especially fences.
Maybe your neighbor's fence is the ugliest shade of green, and you want to paint over the side that faces your home? Or did you wake up to your neighbor painting the side of the fence that faces their property?
The main question remains: "Are you allowed to paint your side of the fence?"
Here's what Floridians asking this question need to know before they bust out the paint rollers and get cracking on their latest home improvement project.
Can a neighbor paint their side of the fence? It depends
It also depends on where the fence is located.
In Florida, your neighbor can paint their side of a shared fence without your permission if it falls on their property line. On the other hand, if the neighbor paints your side of the fence without your consent when it falls entirely on your property line, then Dophin Fences explains that they could be sued for vandalism.
"Unsurprisingly, property lines play a significant role in determining who has the right to paint a given section of a shared fence," the Florida-based fencing company writes. "In general, whoever owns the fence has the right to control how it looks, but things can get tricky when the fence falls partially on both properties."
They note that if your neighbor’s side of the fence borders on your property but doesn’t touch your property line, they still have complete control over its appearance.
Before you do any painting or make any changes to your fences, it is recommended to reach out to your neighbor ahead of time to get on the same page and avoid any problems. You should also check your local and HOA regulations ahead of time.
Who is obligated to keep up with maintenance on fence?
Typically, the responsibility of maintaining a fence falls on the property owner, unless a shared responsibility agreement has been established.
Fence installation company Ergeon notes that if a fence is already in place, both neighbors are considered joint owners, sharing equal responsibility for maintenance and repairs.
See Florida's laws regarding fences
Is there actually legislation surrounding fencing in Florida? Yup, there are statutes covering the height of fences, fences around pools and building on boundary lines.
According to Florida regulations, fences are generally limited to 4 feet in the front yard and up to 6 or 8 feet in the backyard. Keep in mind that some counties and city ordinances might be slightly more specific; for example, Orange County allows a maximum of 6 feet for backyard fences.
Florida's law mandates that fences be built around public and private pools, as well as other water features like spas and hot tubs. The wall must be at least 4 feet and completely enclose the pool area.
FindLaw explains that adjoining landowners are under no legal obligation to erect fences dividing their land, and there isn't an automatic right to contribution from a neighbor if you decide to erect a wall, unless there was a contractual agreement.
They also note it's illegal in Florida to build a "spite fence," which is a fence built for no other purpose than to interfere with a neighbor's property rights.
This article originally appeared on Fort Myers News-Press: Florida fence laws: Is it legal for a neighbor paint their side?
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