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Fence wars (round 3)

12 replies

greatauntfanny · 03/04/2021 16:40

When I moved into my house a number of years ago, I put a trellis up on the dividing fence. I didn’t ask the adjoining neighbour because I was new to ‘fence etiquette’ and thought my side of the fence was mine to do what I wanted with (I was 22 and had a lot to learn!).

My neighbour went ballistic, banging on the door and aggressively informing me it was his fence he’d paid for and erected, and it was within his property. There’s nothing really that indicates a boundary line between the houses, but I apologised and took the trellis down. He made a big show of coming around to inspect the ‘damage’ and pointing at the (small) drill holes in the fence. I apologised again, but didn’t take him up on his suggestion that I ‘repair’ it.

I then grew some plants up the fence (not attached to it). The second one of the leaves from one of the plants reached the top of the fence and went slightly over, he was back round, saying my plants were over growing into his garden. I went to trim them but was surprised when it was just literally one leaf. I left the rest that were nearly growing over but still on my side. A few days later, another offending leaf was on his side, and he was back round. I went to cut it off.

Some time later, I decided I did want a trellis after all, so I had my own fence erected, up against his but on my property. I nailed a trellis to my fence and have several things growing up it.

He suddenly needs to paint both sides of his fence with weatherproof paint but he can’t because now my fence is right up against it.

I explained I would not have let him into my garden to paint my side of his fence anyway. He said I am responsible for his fence falling into disrepair as only half of it is weatherproof.

He is currently writing up a case to take me to court.

I’m not particularly worried about this, but I do want to know if I’m likely to be made to take the fence down.

Any ideas?

OP posts:
Brogues · 03/04/2021 16:43

I very much doubt you would.He can remove his fence, paint the other side and put it back up if he wants to. He is only legally responsible for maintaining the boundary such as fence posts not the fence itself (if it is indeed his boundary).

mineofuselessinformation · 03/04/2021 16:48

If they are panels, it's perfectly possible for them to be lifted out, painted and then replaced.

LIZS · 03/04/2021 16:49

It's an empty threat. No court will entertain it.

IstandwithJackieWeaver · 03/04/2021 16:54

You've done everything he has asked. You've apologised and been amenable in going round to prune your plants from his side when he's requested it. Now his control had been thwarted by you putting your own fence up he's got to find another way to reassert himself.

Is the fence one where he can slide the panels out or is it fixed to the posts? Is your fence touching his?

IstandwithJackieWeaver · 03/04/2021 16:57

If your fence is entirely within the boundaries of your property and is not undermining his/damaging his then you won't be asked to remove your fence.

greatauntfanny · 03/04/2021 17:32

Thanks

OP posts:
VeniVidiWeeWee · 03/04/2021 18:20

Access to Neighbouring Land Act 1992

A court might well order access, for maintenance. Whether the neighbour has the money to take it to court is another matter.

Mamette · 03/04/2021 18:32

He won’t take you to court. He’s just a bully.

Somanysocks · 03/04/2021 18:40

Are you a single female by any chance? I suspect if you were a burly male he wouldn't be quite so abrasive.

blowinahoolie · 03/04/2021 19:03

We have issues with our neighbours who have grown Leylandii on their side of the boundary fence. That's more something to get upset over. Not what your neighbour is complaining about!

OP honestly he hasn't got a leg to stand on. You have kept yourself right.

IstandwithJackieWeaver · 03/04/2021 19:14

I thought the Access to Neighbouring Land Act was for building maintenance, not painting a fence? Most fencing is treated meaning that painting it with whatever a person chooses is for aesthetic reasons and not essential for maintenance.

VeniVidiWeeWee · 03/04/2021 21:13

It's for maintenance of pŕoperty, including a fence. Even if the fence is pressure treated it still needs to be treated regularly.

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