Could neighbor dispute lead to lawsuit?

Ilyce Glink and Samuel J. Tamkin, Tribune Content Agency on Jan 30, 2025

Q: I came across one of your articles discussing a fence problem where a neighbor was unhappy about his side of the fence being dirty. You suggested maybe he just clean it, even if his neighbor built the fence entirely on the neighbor’s property. We think that if he cleans it and damages the fence, he could get sued. Just a thought.

A: The question you referenced dealt with a fence between two neighbors. The fence was on one property. It faced the neighbor who thought the fence needed some sprucing up and cleaning. The reader asked for our advice on how to approach the neighbor to deal with the situation.

But you’re right. Anybody can decide to sue someone for any reason. We suggested that the owner facing the dirty fence talk to his neighbor. Sometimes, if neighbors are, well, neighborly, deciding what to do with a dirty, broken fence might just require a quick discussion to resolve the issue.

Of course, if the neighbors are not on speaking terms for one reason or another, and the fence is an eyesore, the owner’s options might be limited. The fence isn’t on his side of the property line. We didn’t suggest that he paint the fence, or do anything drastic that would permanently alter the fence.

We don’t know what the condition of the fence is like, but there are products you can buy at the big box stores, local hardware stores and other locations that allow you to spray outdoor surfaces to gently clean them. If the owner tried cleaning it, and didn’t cause damage to the fence, the neighbor might like the finished product. The fence owner wouldn’t have a dirty fence and the problem would be resolved.

We’ve written many times over the years about neighbor and neighborhood issues. Issues between neighbors are generally easily solved when people are willing to work things out. Unfortunately, these days it feels like tempers are fraying much more quickly and often people yell first and talk later.

We hope these neighbors would be able to settle this without resorting to a lawsuit and without extra expense. It seems silly to have two neighbors put up their own fences back-to-back simply because one of the fences is dirty and needs a simple cleaning.

If reason prevails, both owners might be able to appreciate the added value to beautifying their neighborhood, and making sure that their homes and fences are in good shape from any viewing angle.

Are you having a neighbor issue? Drop us a line at Questions@thinkglink.com. Ilyce and Sam regret that they cannot answer questions individually, but those of general interest may be used in a future column.

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(Ilyce Glink is the author of “100 Questions Every First-Time Home Buyer Should Ask” (4th Edition). She is also the CEO of Best Money Moves, a financial wellness technology company. Samuel J. Tamkin is a Chicago-based real estate attorney. Contact Ilyce and Sam through her website, ThinkGlink.com.)