Neighbour painted my fence panel on his side - is it worth it?

Participant · 10 Oct 2007 at 18:47

Our garden fence has been painted an orangey colour by the neghbour, but only on his side of the boundary. In the deeds, there are "T" markings to show who is responsible for the boundary in question along with a narrative saying that the purchaser shall erect and forever maintain a boundary..." etc.

The problem we have is not so much that they've sprayed our fence (albeit on their side of the garden), it's more that they've done a poor job and the paint / stain has leaked through the gaps onto our side which is natural wood. They've also got overspill on the concrete pillars.

I have two questions, one of which is based around fact and the other around opinion:

- can he legally stain his side of my fence?
- if it were you, would you sue for the cost of replacement panels, request the removal of the seep-through, or just let it lie?

Thanks.

Robert · 10 Oct 2007 at 18:50

It's his side so why worry.

Edit: I wouldn't bother. I'd rather a good relationship with my neighbour rather than causing more problems.

dannyjo22 · 10 Oct 2007 at 18:51

I'd let it lie. Is it really worth falling out with a neighbour over. You could ask him to clean it up, but thats about as far as I would go.

Too many people these days want to see what they can get from others for a simple mistake. I'm not saying thats what your doing but sueing him seems extreme.

SiriusB · 10 Oct 2007 at 18:51

Dunno what the law says, but it is a bit bloody cheeky to go ahead and paint someone else's fence without so much as mentioning it. Even worse to make a bad job of it.

Schofield · 10 Oct 2007 at 18:52

can a boundary hedge be cut by your neighbour?? yep, usually the fence/hedge on the left of the property is yours.....if your neighbour had any common sense he would have done a proper job, least you wouldnt mind what he does. but by right he should have asked.

Von Smallhausen · 10 Oct 2007 at 18:53

No criminal offences have taken place but you could seek redress through the civil courts to try to rectify the situation if you consider it to be worth the hassle but such neighbourly disputes are often costly, protracted and more often than not, petty although I am not suggesting that this is the case here.

My first question would be have you spoken to your neighbour as it is often the case that good dialogue can go a long way.

Beans on toast Dave · 10 Oct 2007 at 18:53

i belive legally he cannot paint it without your consent, but its not really worth the hassle is it?

InvaderGIR · 10 Oct 2007 at 18:54

Schofield said:
can a boundary hedge be cut by your neighbour?? yep

Not if it's yours and you are the one that is meant to maintain it, and the neighbour hasn't asked/been granted permission to do so.

InvG

HaX · 10 Oct 2007 at 18:59

I assume you have the bog standard larch lap fencing which is made from strips of wood.

When painting these fences, it is impossible to prevent creosote from seeping round to the adjacent surface to the one being painted.

Best bet is to paint your side of the fence the same colour (assuming its' not a particularly offensive colour).

Quoting legal crap is pretty pathetic and fuelling the Americanised legal system in this country.

If everyone started suing or quoting legal garb at each other over such trivial matters, nothing would ever get done!

Participant · 10 Oct 2007 at 19:00

challengedavid said:
i belive legally he cannot paint it without your consent, but its not really worth the hassle is it?

Potentially not. I'm just worried that it'll affect the re-sale value having the splodges coming through the gaps, and rectifying it will damage the fence given that it's natural wood. I also don't want their builder round here trying to "fix" the splodges, given the pig's ear he's already made of painting it.

Raikiri · 10 Oct 2007 at 19:00

Turn the fence around and say cheers for painting it

Participant · 10 Oct 2007 at 19:05

Raikiri said:
Turn the fence around and say cheers for painting it

Lol, I like it but the problem is that the other three sides of our garden are natural wood including our neighbour's on the other side (which we can't paint), so we'd either have to have two out of the three sides painted or none at all.

Everyone referring to the anti-legal action stance, Americanisation, etc - I also dislike that modern trend. However, all I want is fair rectification for the damage done to my fence, not anything over and above this.

schnipps · 10 Oct 2007 at 19:05

Thats a total nightmare, i for a fact would be narked if next door did it as we have a huge fence that spans about 5 different neighbour gardens, Your home is your home and i like every part of it to be right, i graft me bum off to pay the mortgage so i want it how i like it. If the paint has seeped through then its a hard one as i wouldn't want to kick off over it but i wouldn't let it go either.

Either repaint yours, over the top your colour to hide the mess or repaint it his colour, but i would have a word. Maybe you could persuade him to help paint yours, he might be ok with it when he sees your side of the fence plus it might build neighbour relations, we all know what they are like.

Of course you can kick off proper and seek legal advice but it may end up in the long run being more of an arse than anything, they will hate you and thinks may get worse. Its a balancing act really/.

Wicksta · 10 Oct 2007 at 19:06

Raikiri said:
Turn the fence around and say cheers for painting it

lol

I'd just paint it a similar colour myself, sounds like it needs painting anyway if he's done it on his side. Either that or paint it green or something and let all the splodges go on his side.

Glaucus · 10 Oct 2007 at 19:06

Do you want to start a neighbour war?

Sounds like your going way way OTT. It's his side, let him paint as be.

Wicksta · 10 Oct 2007 at 19:07

How about taking some pics so we can see how bad it looks?

Shoseki · 10 Oct 2007 at 19:09

At the end of the day, its a piece of wood that seperates his house from yours. No biggy.

Unless you are *that* house proud.

rayer · 10 Oct 2007 at 19:12

Get Mr T to turn up in his tank and throw a snickers bar at his face !!!

schnipps · 10 Oct 2007 at 19:12

AcidHell2 said:
Do you want to start a neighbour war?

Sounds like your going way way OTT. It's his side, let him paint as be.

Technically the propery with the main posts on their side owns the fence, depends who has what. All things aside its a cheek they didnt say anything, the fact they didnt screams to me they didnt realise it would seep, go and speak to them im sure its easily sorted.

Glaucus · 10 Oct 2007 at 19:14

schnipps said:
Technically the propery with the main posts on their side owns the fence, depends who has what. All things aside its a cheek they didnt say anything, the fact they didnt screams to me they didnt realise it would seep, go and speak to them im sure its easily sorted.

yes but it's his garden, Taking legal action for a bit of seepage. As you say go talk to them. It also doesn't sound that bad. But with out pics hard to tell.