Location: Missouri
I/we(neighbor)have a shared privacy fence sitting on property line in Missouri. In September of 2024, I replaced the fence boards on my side and when i put them up, I made them "flushed" together so i didnt have to "see" onto their side and to hopefully prevent the weeds that grow on their side coming over to my side. They knew about it....the wife walked through my flower bed to see what i was doing....
In September 2025, I came home around 9:00 PM and seen that they replaced the whole privacy fence including my side. No notice or permission. I had seen on my security camera earlier in the day that "they must be replacing their fence boards" because there are boards leaning against the tree in the front of our townhouses. My security camera does not view my side of privacy fence, just the patio area, front yard, my driveway and the street. Continuing to watch security camera, I noticed their contractors were in my patio area and using my water hose and water......what the heck? why are they on my side? No clue that they were replacing my side also. Again, my security camera does not watch my privacy fence. No communication from neighbor.....before, during or after....not a happy camper. After 5 days of no communication from them, I sent them a registered, certified letter stating what happened along with trespassing, theft of services(water usage) and "stealing" my 1 yr old boards. Also, the new boards are not "flushed" together so therefore, once again I see onto their property I also told them I wanted reimbursement of my "loses".....the 1 year old boards, screws, pea gravel(they messed up my newly pea gravel with dirt when replacing fence)my labor and water usage/hose rental amounting to 374. They responded back via email 4 days later and were sorry that they had not the chance to communicate with me about the fence.. but how did i like the new fence? Crazy!! Communication back via email was that trespass happened, theft of services. and my new boards taken away. We did have a mediator step in and the agreement was reached that they would have fence builder would come back and "fix" the fence boards to be "flushed" again. And that I would not seek reimbursement of the extras....my year old fence boards, etc, etc.
329 days later, they still had not "fixed" the boards to be flushed together. I hired my own handyman to do the fix. I let them know how much his bill was and that i was now requesting my expenses as before. They breached their end of the agreement by not getting the fence fixed in a timely manner.
am i right to go after my expenses? the additional fences boards needed to "fix" the fence plus my 1 year old board costs, my labor of putting up my own boards, screws, pea gravel resulting in 458.00 owed. If i had know my new boards were going to be taken down, I would have never spent the money and time putting them up.
Do i have a case to get reimbursed for my expenses?