Fence Part 2

[rosiew]

Just come home from work to find a letter from the neighbour stating that the fence is ours and it is our responsibility to paint her side of the fence. She is stating that there are "nasty brown drips" on her side and demands it painting. To all who kindly sent me a reply to Part 1 give me some advice before i go around and strangle her.

[Barmaid]

Re-read the advice in part 1, it is good. It is your fence. You do not have to paint her side.

Best bit of advice I can give is "don't strangle her".

[sandyRoe]

Why don't you send her a letter saying that if the look of the fence offends her she should paint it.

[rosiew]

Hi Barmaid, no i wont strangle her but i want to. This is the 2nd day that she has upset me. Iv had 33 responses with 100% on my side so im fairly certain that im in the right.

[VHG]

I guess this fence is a series of panels made up of horizontal strips of wood overlapping each other.

The problem can be that when one side is painted the paint can run between the horizontal strips of wood onto the other side of the fence, making the fence next door look awful.

I assume this has happened in your case.

IF the person next door had painted their side one colour (say green) and you painted your side brown then your brown would run over her green.

How you stand legally with this I dont know because it could be argued that work done in YOUR garden had ruined something in HER garden.

I am, not saying she is right, but she might have a legal point.

[VHG]

Funnily enough just found this where the thing I mentioned above actually happened, a couple painted their fence green and ruined the other side of the fence that was brown.

They got fined £80

http://www.gethampshi...painting_garden_fence

[jackthehat]

VHG - There is no doubt that this is rosiew's fence and wholly on her land.....your link and other points to not apply.

Continue to ignore her, rosiew...:o)

[VHG]

Here is a forum question on another forum with some pictures of the "damage" paint leaking through can cause.

It is an interesting legal conundrum

http://www.gardenlaw....720ed4003c6673f8a2426

[ABerrant]

Provided the fence is not in HER garden nor is it HER property the neighbour has no legal right to interfere with the fence nor demand any action to be taken no matter what it may look like. This has been proven by VHG's article where a fine was imposed on a person who painted a fence belonging to their neighbour.

If the fence is so unappealing to the neighbour she has the option to erect her own (pretty) fence on her land to obscure the view of the first fence.

[VHG]

>>> There is no doubt that this is rosiew's fence and wholly on her land..

Yes but even if the fence is on your land have you got the right to display a "horrible" side to a neighbour.

As an extreme example, suppose you painted swear words all down the side of the fence that faced the neighbour.

It may be on your land, it may be your fence, but I doubt you can put anything you like on the "neighbours" side of the fence.

As I said, interesting legal situation.

[boxtops]

Tell her to grow things up it - you don't have to paint her side, even though it's your fence. You could argue if that were so that she mustn't stapel trellis to her side in case it damaged YOUR fence. I don't know where she got hold of that idea - she can paint her side herself.

[jackthehat]

No, I'm afraid, it isn't.

She is perfectly entitled to erect a 'masking' fence more pleasing to her eye on her 'own' land.......she has no entitlement to ask/insist rosiew to carry out any painting on the other side of the fence.

[hc4361]

As already stated stated:
Your fence
on your land.

Your neighbour has no right to paint it, varnish it, attach anything to it or knock it down. It has NOTHING to do with her.

You can paint it pink with yellow spots if you like.


If it a is a party (shared) boundary you and your neighbour have the choice to erect a fence exactly on the boundary, share the costs and the maintenance, and make joint decisions about the style, colour or even if there should be a fence at all.

As it is entirely on your side of the boundary - it is tough on her. She can erect her own fence. The problem with that is neither side can maintain 'the other side' of their own fence because there won't be room, so both fences are more liable to rotting. (Unless you have those slot in panels that can be lifted out)

[bednobs]

As i write this i can't see any of the other answers so please ignore me if this is the same as any others
You need to write back to her
Dear Mrs blank, thank you for your letter regarding my fence. As the fence belongs to me and is on my land, there is no legal requirement for me to paint the side of it that faces you. Although it is entirely my fence, i am willing to give you permission to paint your side as you like as long as it doesn't interfere with my side, but remind you that as it is my fence, i cannot guarantee how long i intend to keep it. Therefore if you paint it it is entirely at your own risk. if this solution is not acceptable to you i would suggest that you put up your own fence on your land, which of course you would be free to paint however you like, and then you wouldn't have to look at our fence that is unsatisfactory to you. You indicated yesterday that your deeds say i have to paint your side of the fence. if you could provide me with a copy of your deeds i would be willing to look at them, however my deeds say make no mention of this. I'm sorry if this is disappointing to you, but that is the legal position.
yours,
angry neighbour

[bednobs]

or words to that effect

[joko]

it is like me demanding that th eneighbours in the house opposite mine paint their front gate because i dont like the look of it...

its none of my business and neither is it hers

ignore or send bednobs letter

[craft1948]

When I changed my fencing along one boundary (on my land) I told the neighbour I was going to do it. She was not too happy as she had been growing plants up it but agreed there was nothing she could do about it.

[rosiew]

Once again i want to thank everyone who has taken the time to write their opinions regarding my problem. We are having it out with her today at some point so will let you know what happens. i do not like confrontation but reading all the replies on Answerbank, it has certainly given me confidence to explain my rights. Will let you all know what happens in Part 3. Have a lovely sunny day.