New neighbors moved into one of the houses next to mine recently. They have started building a 6' brick wall. I already have a 6' fence along that property line, and they are building the wall all the way around their property.

However, the building of the wall has effectively destroyed my fence. It still stands, but has been split in places, and the overflow concrete from the wall foundation has pushed the fence inward in several places. So, I will be taking the fence down.

I believe the wall to be comepletely on his property, I am not sure by how much. There is maybe 5 inches between his wall and my wood fence. If I take down the fence, what rights to I have in relation to the wall? I offered to remove the fence as the wall was being built so that the contractors could clean up the wall on my side as well. He wanted payment for the contractors to make it look neat on my side. The wall itself. I would expect that they would have to come in and clean up all of the concrete and rocks that are now on my side of the property. Is that the job of the contractors, or the neighbor himself?

If I take my fence down, which I will have to do because it is very ugly now, do I have the right to treat my side of the wall as my own? Because he refused to clean it up, even without the fence, I would be having to look at the bad side of his wall. If I could paint it or something on that order, it would look a lot better. Would I be able to do that legally?

Im just not sure of what to do, nor what all I can do.

He is at the least responsible for paying you for the damages to your fence. I would darned sure take pictures of the fence and save what you do take down as proof. I am not 100% sure about claiming that side of the wall. I am almost positive that is not possible. He paid for it. Is it on the property line? If it lies on his property only, then you have no claim. It is the contractors job to clean up their mess when they are finished. It sounds like he hired some rinky dink contractor. Since they did not clean up their mess, and it is on your property, he should then be responsible for the clean up at this point. Any decent human being would offer to clean up their mess. It isn't your fault that he didn't ensure clean up, and your property shouldn't have to suffer becuase of it. I would talk to him first and see what he is willing to do to rectify this. If he isn't willing to work out some sort of an agreement, then I would contact an attorney who specializes in land issues and just get a consultation so you at least know your options. This guy sounds like a real winner. Too bad you have to live next to him.....