Case Description

Last fall my neighbor decided to build a fence within a foot of the property line, but on her property. She had about 25 feet of fence erected, 3 panels and 4 posts. She felt no need to ask or consider what my opinion might be with regard to style or appearance since it was on her property and she paid for it. In fact, the builder she hired apologized several time to me that he usually doesn't build fences this way. It became evident that she had no intention of staining or painting the side of her fence that sat within a foot of my property and when I asked her if I could stain the side facing my property as well as look after weeding and maintaining the soil, she allowed me to do so. I supplied and applied the stain. This spring she added 5 more panels to the fence and last week I decided the cedar was dry enough to be stained and set about to stain the new portion of the fence. I was about 75% done when she came to the fence and demanded that I stop. When I told her that I was acting based on our previous verbal agreement she became upset. She said that the new fence section required new permission and that I should know better. When I tried to discuss the issue further she threatened to "call the cops". I told her I was stopping and that we needed to discuss this further. At that point she called me an A-hole and went inside.

My question is whether there is any real legal issue with me staining a fence I have to look at every day that is close to but not on my property? I don't care about the height or the style, I just don't want it to look neglected. I want to weed the soil that is on my side of the fence as well. When I say almost a spite fence, it not because of size of style but because of it's location she seems to trying to pick a fight. I feel the issue is bigger than the fence, that something I did ticked her off but without talking not much can be resolved. I just want the fence and soil to be maintained and I am more than willing to do that.