If your neighbor puts up a fence, who is responsible for cleaning it?

Q: My next-door neighbor put up a white vinyl fence between our homes. Not a problem for me, originally. But the fence is now turning green and black from dirt and mold.

I don’t care what his side of the fence looks like, but I do care about my side. It’s unsightly and I don’t want to see it every time I go out in my garden. So, here’s my question: Is he responsible for cleaning the side of his fence which faces my house? Thank you in advance.

A: Neighbor issues can be some of the most divisive. You start off friendly and then someone does something (or in this case, doesn’t do something) that the other neighbor perceives as a slight. Hurt feelings ensue, and the bad blood sometimes runs through the entire neighborhood.

When we get neighbor questions, it’s usually about fences that are about to fall over. It appears that your situation involves a fence that is in good shape but just needs a little care. Instead of wondering who is legally responsible for maintaining the fence, have you considered trying communication instead?

Assuming you know your neighbor well, you might ask them if they’ve noticed their side of the fence turning colors? If they say, “Why, yes,” you can follow up and ask them if they’ve cleaned the side of the fence facing them and if so, how?

If you’re friendly with this neighbor, this could turn into a nice conversation where they offer to show you what they’ve used to clean the fence, or may even offer to clean your side the next time they do that work.

Of course, what you seem to be looking for is a definitive answer on who might be legally responsible for keeping a fence clean. We think that most laws and court cases in this area would likely deal with fences that need repair, are in danger of falling over, have fallen over or are in such a state of disrepair that someone might get seriously hurt. We think that most state law would say that the owner of a fence that is in disrepair has a duty to keep it from becoming a hazardous condition.

The other fence issues we’ve seen involve fences being used as a billboard for political statements or for harassment. You’ve likely seen news stories where one neighbor purposefully paints a fence in a manner to annoy a neighbor or puts up an advertisement or political content. In these situations, you might have local ordinances that prohibit a homeowner from displaying advertisements on fences or containing offensive or political speech.

But you’re not in that situation. Your fence is in good shape, but it’s dirty. It needs to be washed down or perhaps scrubbed up. Have you considered cleaning it yourself? There are some non-toxic products out there that can be sprayed on vinyl fences that will clean up mold, mildew and other growth materials without having to put in much time and effort. You can find these products at your local home improvement store.

We think you should start with a conversation. If you don’t have a friendly relationship with your neighbor, and you don’t want to have a face-to-face conversation, then go down to the local hardware or home improvement store and ask for a recommendation. You’re looking for a product that will clean your fence without harming your landscaping.

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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.)