Its a boundary dispute over a fence

Discussion in 'Gardening Discussions' started by Spruce, Oct 1, 2021.

  1. Spruce

    Spruce Glad to be back .....

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    Hi All , whats your thoughts ...

    she asked me what I am about to tell you ....

    to cut a long story short the person in question erected the fence as its her boundary its her fence panels all natural looking ...

    anyway next door decided to paint the fence their side (not asking her) in a "wild mushroom colour" and it had leaked into her side and I have to be honest with you does look awful as its dribbled down and also soaked through ... and what annoyed her that they didnt ask nor did she want to paint it her side she liked it left being natural as she told me ....

    "its less work for her to maintain as the painted fences always look bleached after a year or two"

    she doesnt know what to do as she hates rows etc ...

    I told her go and have chat with them and ask them to come and see what happened as I confident to say they dont realise what has happened.....

    Her beef is its her fence why they shouldn't be allowed to paint it !!! and she doesn't want it painted and now she will have to !!!


    Thoughts everyone


    Spruce
     
  2. pete

    pete Growing a bit of this and a bit of that....

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    Difficult, I do wonder if they realise the mess they have created on her side, so agree she needs to mention it to them.
    Not sure what colour wild mushrooms are but I think maybe the only thing she can do is ask them if they would consider painting her side as well under the circumstances.

    Is it that waney lap stuff, only depending on which way round you put that, this happens a lot, especially if they used a sprayer.
     
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    • NigelJ

      NigelJ Total Gardener

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      Myself and a mate did that to his fence. His wife wanted duck egg blue, so we sprayed the panels, which were short ones mounted on a wall between brick pillars. We'd just finished when neighbour goes "oy you two look what you have done to my wall". We spent the afternoon other side of fence. I Snowcemmed the wall and my mate painted the panels cedar red. End of the day order was restored.
       
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      • NigelJ

        NigelJ Total Gardener

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        More seriously; best thing to do is talk to the neighbours.
         
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        • gks

          gks Total Gardener

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          If the whole fence is within her boundary, then the neighbours have no right painting their side of the fence. If they have and your friend can prove the fence is within her boundary, then I think in a court of law it is classed as vandalism. Even if the fence falls into the neighbours boundary, I still think its only the owner of the fence who can make any alterations to the fence and the neighbour should seek permission first.
           
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          • JWK

            JWK Gardener Staff Member

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            Did she consult with her neighbours first ?
             
          • Scrungee

            Scrungee Well known for it

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            I thought that made no difference and neighbours had no right to paint your fence even if it straddled the boundary, and also that The Party Wall, Etc, Act 1996 didn't apply to timber panel fences. If you have legal expenses cover included with any of your insurances (or cheapo Co-Op membership that used to be a one off charge of £1, etc. and gives access to a legal helpline - bargain) get a free consultation.

            Personally, as a very minimum response, I'd tell them to get it sorted or I'd unclip the panels, redecorate their side as below, and refix them. And that's as restrained as I can be.

            [​IMG]
             
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              Last edited: Oct 1, 2021
            • gks

              gks Total Gardener

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              Your probably right, I did say, Even if the fence falls into the neighbours boundary, I still think its only the owner of the fence who can make any alterations to the fence and the neighbour should seek permission first.
               
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              • Liz the pot

                Liz the pot Total Gardener

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                I’ve seen this before and If it’s a fence owned by yourself then they should have asked first. I’ve seen all sorts of disputes. I’ve had customers complain of this and normally it can be resolved as and on one occasion to settle it the neighbours painted both sides.
                One I remember well was a argument over a line conifers behind a fence line that were cut back by the owner of the fence and the neighbour the other side then went on to call the police who turned up and took statements. They asked for £4000 compensation until it was pointed out via the deeds that the conifers were in fact owned by the person of the fence as the fence had not been put up on the actual boundary line. There was no action taken but boundary disputes can often be resolved with some gentle negotiations.
                 
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