Expert: Mark C. Robins - 7/7/2010

Question
Hi, I have had some difficulties with our next door neighbour.  This is a new neighbourhood and last summer we did the landscaping in our yard. Our neighbour did their landscaping at the same time.  We had come to an agreement on the fence or so I thought but after the posts went in the neighbour just about went into hysterics that it wasn't what she envisioned.  It was decided that the fence posts would be removed (even though I bought and paid for them) and she could start the fence over again on her property and I would not be contributing any more money towards the fence. There is further dispute now over the Canadian flag that we put up in our yard and because the neighbour can do nothing about having us remove the flag, she has now threatened to paint my side of the shared fence an ungodly colour.  My questions are: A) Can she come into my yard and paint my side of the fence that doesn't need painting as it is pressure treated wood? B) Would this be considered defacing private property and trespassing and can I bring charges against her? C) Is the fence half mine even though she paid the final construction costs?

Answer
It is your property any one entering without your permission can be charged with Trespassing.
No one could come into your property and paint the fence on your side.
if the fence rests on the the property line then the part that is on  your side is your property.