He has taken the top half off and appears to be replacing it with red brick on top of a tan base. I was never informed of this change.
My questions are:
Should have they consulted with me first?
If they are installing the redbrick on top of the tan, which I do not care for, what rights
do I have to request this be changed?

flatboycms

Christopher_amatulli

all depends on where you live and if the fence is directly on the property line...

i say if he is fitting the bill for a brick fence, and its not a color you like, paint it...

ScottGem

You call this a "mutual" fence, but what is mutual about it? Did you and the neighbor both pay to put it up? Was it there when both of you purchased the property? Do you even know who originally paid for it? Is there anything in your deed that indicates the fence is part of your property? Do you know if its exactly on the property line or on either's property?

These are all questions that need to be answered before we can tell you what rights you have.

But, unless the fence is directly on the line or on your side of the line or you paid something for it then its unlikely you have any rights at all. I would approach the neighbor and say that you really don't like the way the fence looks on your side of it and ask permission to paint your side.

Flatboycms

The reason for assuming it is mutual is this is the only boundary between both of our properties, and appears to be directly on the property line. Nether of us put up the wall it was a preexisting wall. I quess I was feeling left out since the neighbor on the other side was consulted first.
Both of your replies have been very helpful. I do like my neighbor, his wife is something else. Sometimes I let my impression of his wife, get too much into my decision making.

Thanks Christopher and Scott

ScottGem

If its a preexisting structure AND directly on the property line, then they should have gotten your permission to alter it. But the likelhood of it being directly on the line is small. You would need an exact survey to tell. I would try to keep peace by just asking if you can paint your side.

I had a slightly similar situation recently. My neighbor came over and informed me they were replacing the fence around their property. Their current stockade fencing was right up against my chainlink fence. Also they were extending the fence to the curb which meant removing an old piece of rail fence and some foliage on my side. The even offered to take down my chain link at their expense. I was agreeable to all this, but when they workmen were taking down the fence, I had then leave one post at the end that was opposite the corner of my house. This served 2 purposes, first it marked the property line so they couldn't expand their yard by putting the fence on my property and it left a post if I wanted to put up a gate. Now that side of my property has a nice fence on it