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Original poster

Fencing or Do I live next door to Donald Trump?

80 replies

GrouachMacbeth · 09/02/2025 11:17

I'd appreciate your thoughts on this, bear with me.

A buys a house, a semi detached property. The estate agents leaflet and a note from the seller when you move in saying the fences in the not tiny garden are your responsibility and you are responsible for their upkeep, their maintenance and all aspects of care.
When you speak to B, the neighbours on one side you see a newish, well made fence about 6 feet tall. The neighbours B, say the fence is theirs, is built entirely on their property and it is about 5 cms on their property. They show plans, old fence posts and explain that the original fence had been in place for 80 years, had rusted, the wire was corroded and sharp. Children in the property had previously played on it and they had asked the person who sold the house to A to pay towards a new fence (they were absentee landlords). He had refused any requests to replace or contribute to a boundary fence: so they had built the fence themselves at their own cost on their property.

You are A - are you delighted that a fence dividing your garden from Bs garden and leave it, or do you try to convince yourself that the fence is your fence, despite the evidence?

Next, you,A are in your garden and B asks if they can access your garden at some time to paint the face of their fence as they are painting the other side and other fences. You decline, as you are still wondering what colour to gave your garden. B politely reminds you that the fence is theirs, on their property, but asks that you, A to discuss colours with B as some paint will fade through or mark edges. A agrees.

A few months later A is painting another wall which has been indicated as Bs property, paid for by B and on Bs side of the property line. B says "please do not paint my fence without my permission" A states it is a boundary wall, which B denies, pointing out that it is again entirely on their property. A says "I need to speak to your Man". B says she can deal with any issues as much as her husband and requests any painting or amendments to their property be in writing. A says "I don't want to talk to either of you ever ever again.

Do you A, apologise for painting their wall and agree to ask in writing or do you demand B apologise for upsetting them, and decline to talk to them, ever.

You are B. The fence needs to be painted on it's far side, the side you don't see, but is on your property and is obviously seen by A. A has refused you access to paint it from their side.

Your options seem to be -
stand on the 5 cms of your property, on the other side of the fence, holding onto the your fence with one hand, the paint brush with another and the paint pot with a third hand, whilst avoiding your big bum overhanging into As garden, or
climb a stepladder to roller the fences other side. You will not get as good looking a finish but, hey you don't see it and also-

do you paint it the same light brown your other fences are or do you do rainbow stripes as you suspect that A is not altogether on favour of diversity - or if you knew he was an Everton fan, paint it red?

Im being flippant with the last bit. Aye right.

Thank you for reading, any thoughts? ( Oh don't say move because you've upset a Man - ain't gonna).

OP posts:
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longtompot · 12/02/2025 17:18

The estate agents leaflet and a note from the seller when you move in saying the fences in the not tiny garden are your responsibility and you are responsible for their upkeep, their maintenance and all aspects of care

First off, I'd get hold of my deeds if I didn't have them already and see if they show who is responsible for which boundary. I know not all deeds show this, but just to check. I would not take the estate agents word for it and the previous owner might not have the correct information.

When you speak to B, the neighbours on one side you see a newish, well made fence about 6 feet tall. The neighbours B, say the fence is theirs, is built entirely on their property and it is about 5 cms on their property

If the neighbours have put up their fence on their property then the whole of the fence is theirs and they can paint both sides what colour they wish.
If you want to paint your side of a fence what ever colour you want then you need to put up a fence on your property.

I got a bit confused at to who is you and who is neighbour, but if you are painting your neighbours wall, then stop it as it's theirs, and you don't need to speak to the neighbours husband as she is quite capable to speak on her own behalf, if it was indeed you saying this ⬇️

A says "I need to speak to your Man". B says she can deal with any issues as much as her husband and requests any painting or amendments to their property be in writing. A says "I don't want to talk to either of you ever ever again

And you, if you are A, do this Do you A, apologise for painting their wall and agree to ask in writing

whowhatwerewhy · 12/02/2025 16:17

What a load of nonsense. The fence between myself and my neighbour is his . I allow him access to maintain it . He paints his side green but our side brown ( my preference) . We will add the odd coat if it needs.
My neighbour can be unreasonable at times but even he's not bothered how I paint my side of the fence .

godmum56 · 12/02/2025 15:30

the law actually says "structure" not building.
"Where the court is satisfied on an application under this section that it is reasonably necessary to carry out any basic preservation works to the dominant land, those works shall be taken for the purposes of this Act to be reasonably necessary for the preservation of the land; and in this subsection “basic preservation works” means any of the following, that is to say—
(a)the maintenance, repair or renewal of any part of a building or other structure comprised in, or situate on, the dominant land;"
https://www.legislation.gov.uk/ukpga/1992/23/section/1

there is also nothing in the OP that says that the panels are removeable. The ones surrounding my garden are not. Luckily I get on well with my neighbours who do own the fences.

Access to Neighbouring Land Act 1992

An Act to enable persons who desire to carry out works to any land which are reasonably necessary for the preservation of that land to obtain access to neighbouring land in order to do so; and for purposes connected therewith.

https://www.legislation.gov.uk/ukpga/1992/23/section/1

Summerbay23 · 12/02/2025 15:18

@godmum56 not strictly true I'm afraid. You have to allow access for maintenance, repair or renewal of a building (which a fence isn't as it isn't a fixed structure). Or something that can't be carried out without entry onto adjoining land (in this case the fence panels can be removed and then painted on their own land and then replaced). So again access is not essential.

Going onto your neighbour's land | Law Assistance

Don't get me wrong a good neighbour would allow access but it is not necessarily cut and dried. The other alternative is just to put your own fence up on your own land but then neither party would be able to access the other side of their fence.

godmum56 · 12/02/2025 12:30

Summerbay23 · 09/02/2025 13:24

Yes I’m afraid I would want to choose the paint colour for my side of the fence. And if you wouldn’t allow me to do that i wouldn’t allow access to paint my side either so would live with plain wood (or you can remove the panels to paint both sides).

read the thread. legally you have to allow them access for maintenance.

Kahless · 09/02/2025 15:44

What a load of convoluted rubbish

godmum56 · 09/02/2025 15:20

SoNiceToComeHomeTo · 09/02/2025 14:22

I stand corrected if that applies to this situation, but why set it up like this in the first place so that accessing their land is necessary? If the neighbours decide to put up their own fence 5cm away on their land, there is no chance of painting the outside of either fence.

Show quote history

And then it gets to law and gets nasty. As for "why set it up like tgat, slide out panels are not common and I can't see how you can have a non sliding out panel fence that can be accessed eithout going into the neighbour's garden unless you are going to hang over the top and spray it?

sugarandfudge · 09/02/2025 14:54

TLDR, but seems to have zero to do with Donald Trump, so the OP Is unreasonable on that account alone.

TheSeaOfTranquility · 09/02/2025 14:34

seven201 · 09/02/2025 12:09

B (the op) used to have a rubbish fence between gardens, owned by a previous landlord. Landlord didn't want to pay to fix it. So some time prior to A moving in B paid for and installed a new fence on their land next to the old crappy one. Crappy one was then removed.

A has painted a bit of wall (not fence?) that is technically B's a colour. B asked them to stop. A said I want to talk to man of house. B said no, just stop painting you nobber.

That's what I think happened?

I think just let A paint their side whatever colour they want but politely request they're careful to not let it drip through. You have to live next to them so don't want a big falling out?

This! All this refusing to let your neighbours paint their side of the fence sounds incredibly petty and controlling.

My neighbours have painted their side of my fence grey - it wouldn't be my choice but I don't mind at all, and I haven't said a word about it because I don't have to look at it and I value good neighbourly relations more than I do controlling the colour of a fence I can't see.

SoNiceToComeHomeTo · 09/02/2025 14:22

godmum56 · 09/02/2025 14:02

actually you can.....also its not me.....https://www.blbsolicitors.co.uk/blog/access-to-a-neighbours-property-for-maintenance-what-are-my-rights/#:~:text=Access%20to%20Neighbouring%20Land%20Act%201992&text=But%20you%20must%20establish%20one,to%20a%20party%20wall)%3B

Show quote history

I stand corrected if that applies to this situation, but why set it up like this in the first place so that accessing their land is necessary? If the neighbours decide to put up their own fence 5cm away on their land, there is no chance of painting the outside of either fence.

ThinWomansBrain · 09/02/2025 14:14

Any thoughts - yes, why not use the OP to explain the problem and the AIBU, instead of waffling on about several different A & B scenarios?

Sparklfairy · 09/02/2025 14:14

Thank you for reading, any thoughts?

Lots. But they're about as confused as your OP so I doubt they'll be much use to you.

Cherrysoup · 09/02/2025 14:11

A should leave the new fence alone. She has no right to paint/treat/grow plants up it/add trellis. B replaced it which legally makes it his responsibility.

Wall? What wall?

ThatEllie · 09/02/2025 14:09

What wall are you talking about? The outer wall of your house? Why would he think he can paint that? And what does Donald Trump have to do with anything? Confused

DangerMouseAndPenfoldx · 09/02/2025 14:04

I’m totally lost. Am I A or B? It switched half way through. Which one are you?

LetMeGoogleThat · 09/02/2025 14:04

TlDR I'm on the fence with this one!

Whoarethoseguys · 09/02/2025 13:53

cansu · 09/02/2025 11:29

Fgs why do you need to paint the other side that you can't see? In any event I don't think a is under an obligation to let you on their side to paint it. Why are you creating a row about something like this? So odd.

I assume because fences need to be maintained so if it is not painted it will need to be treated regularly otherwise it will rot

SoNiceToComeHomeTo · 09/02/2025 13:40

godmum56 · 09/02/2025 12:24

to put a preservative on it.

Show quote history

You should have thought of that earlier, and put the preservative on before putting the fence up. You can't get on their land to do it now, or tell them to do it. Too late now.

MrsWinkly · 09/02/2025 13:40

Hedge.
Burn the fence, it's upsetting A, B and us.
Everyone happy because everyone loves a massive bonfire close to their houses.
Haven't got a clue what's going on.

SoNiceToComeHomeTo · 09/02/2025 13:38

Honestly, this A and B stuff is so confusing.
Have you put up a fence separating your garden from your neighbour's, and the people next door want to paint their side of it?
Just let them get on with it. It was never going to work, trying to own and keep control over both sides of a boundary fence. If it's only 5cm away from their property, it is to all intents and purposes a boundary fence. It you wanted it to be just yours, you needed to leave a gap in the fence and enough space for you to stand on your own land and paint it.
Move on!

Fruitbatdancer · 09/02/2025 13:25

Read it 3 times, like to think I’m fairly intelligent, no fucking idea. Less A’s and B’s please. This is not Mi5

Summerbay23 · 09/02/2025 13:24

Yes I’m afraid I would want to choose the paint colour for my side of the fence. And if you wouldn’t allow me to do that i wouldn’t allow access to paint my side either so would live with plain wood (or you can remove the panels to paint both sides).

Inertia · 09/02/2025 13:20

B just needs to slide the fence panels out, paint them, then put them back.

If A doesn’t like the colour then he/she can put up their own fence / hedge.

Don’t understand where the wall comes into it .

BestZebbie · 09/02/2025 13:17

If you build a fence on your land then your neighbour may not paint it, attach things to it, grow plants up it, cut hedgehog holes in it (etc) as it is your property. If they do, it is criminal damage/vandalism.

It is the correct thing to do to politely request occasional access to their garden to maintain the outside of it. Whilst 99.99% of people will use basic wood stain/creosote equivalent in some shade of wood colour to do this, you are totally in the right legally to paint the side that faces out of your property neon pink if you wish (provided that is not prevented by some other rule such as being in a preservation area etc).

If they want their own fence in their own colour scheme, then they need to put their own fence up inside their boundary. They can then do whatever they like to that. It is very common to have double fences, for example where one neighbour wants to ensure their dog can't escape across the neighbours' non-dog-proof fence , or one wants a hedge but the other a fence.