To think its NOT OK for you to replace OUR fence then tell us, when we can pay for it I am ALLOWED to paint it,

[IamSlave]

Very nice neighbours ( or so I thought)want to get a smart new fence put in all down a long garden, this will be in different heights to what is there now.

Great..wow, amazing fences cost lots of money, they have a great workman doing it...BUT they have said they will not consider me painting it. They can see on the other side,all the fence is painted! I have said, I do not like bare wood. I said I would look into replacing a bit at the top...and then at least I can paint it.However I recoiled at the price of fencing, the current fence is cobbled together, but if they painted their side...you would never know! its up and its standing! Its not falling down!

They have come round this morning and basically said " WE are replacing the fence and if and when you can give us some money for it, you can paint it!"

We will never be able to pay for the fence they are putting in.

Am I b U to find this quite astonishing, that because new, is their taste,they are going on our boundary, taking our fence down - putting an expensive fence in then saying when we pay for it....I can paint it!

[LackingEnergy]

Here's the forum

Garden Law Discussion

[IamSlave]

diddl if its on the boundary yes you can.

its still my fence, but for the sake of neighbourly and common sense, i would ask their permission to paint it, rather than do it as my legal right.

[IamSlave]

I have seen that lacking, but no its my property, they will be gifting me the fence.

they would still, even though paid for it, legally need to ask me, to paint their side and even put stuff against it!

i had a quick look when i was the other side that isn't mine, legally i have gifted them a new fence...its up to them what they do with it. and this is the risk i took replacing someone elses fence.

[IamSlave]

sorry diddl, on their property no, but they are replacing the boundary fence

[MrsKoala]

Hi OP, I'm so glad you have spoken to them. I bet you feel relieved. I think you should really practice some time providing stock phrases for circs like this. They pop up occasionally, and if you aren't prepared and feel uneasy about conflict can really put you on a back foot. SO something like, 'i will think about it all and get back to you'. Would buy you some time to really think it out. Work out a solution you can live with and wont play on your mind and accept that a) your feelings are equally valid and b) you have the power to assert your point without it becoming combative. You cannot control others reactions, but you can control yours.

Your garden sounds lovely. I do hope it resolves that the fence does not alter your enjoyment of it. Well done :)

[AchyFox]

Just tell'em.

Also you could say:

Please understand, if this were your boundary fence, I would never dream of replacing it at my own expense, afterall it would be yours not mine

[IamSlave]

MrsK

I am glad you came back , thank you so much for your posts they really helped me go and knock on that door!

[clam]

I'm' astounded that they came back to you and said they were going ahead with replacing it. They CANNOT RIP DOWN YOUR PROPERTY WITHOUT YOUR PERMISSION!
(I know the thread has moved on a bit and you seem to be reasonably satisfied with the outcome, but I wouldn't be the least bit surprised if, when you get out there with your paintpot, they suddenly start getting arsey about it. I bet they've just agreed to shut you up for now so they can go ahead.

[IamSlave]

yes clam that is a possibility I think this morning before i went round there that was their intention, however they are nice people and they were both nice when i went there.

there is a balance and I hope we have found it!

[diddl]

Have you seen this OP?

[MrsKoala]

Slave, you are welcome :) glad to help.

If you feel they may get arsey if you do paint the fence, perhaps a friendly email reiterating what you agreed may provide you with a bit of back up. Something like

'Hi, so pleased we managed to chat this morning and come to a compromise. Just to confirm you will be doing x and i will then do y.

Best wishes
Slave'

OR you just paint the fence they put up and risk their (unjustified) annoyance and let them know the legal point, that the fence is actually your fence/border and you are able to do what you wish with it. But be prepared for that and then it wont seem such a shock if it comes to it.

[HebeJeeby]

I know you have spoken to your neighbours and it's only going to be a few panels now which is good. How about instead of painting the panels you grow clematis or honeysuckle etc... up the fence. Your country cottage garden sounds gorgeous so maybe lots of lovely flowers on the fence would complement the garden you already have. Might help to keep the peace with your neighbours as well, as neighbour disputes are always dreadful for everyone concerned. I know plants take a while to grow but there are some quick growing climbers you can get hold of which would cover the fence in a couple of years.

[Floggingmolly]

It will remain your boundary; but no, the new fence will not become your property...

[IamSlave]

MrsK you put things so well. Your, what's best to live with, guilt over them not having fence they want or you living with fence you hate, really struck a cord with me.

hebe We have a wonderful, decades old honesuckle along one bit, and a few climbers and such already but really to cover a big fence one would need Virginia creeper. Even then I prefer flowers against a colour. White or something pale.

Flogging a while ago when we had to replace the other side someone posted about another fence problem and someone posted about boundary law and it was clear on there about fence ownership...unless you have legal experience...what I read led me to believe,if i replace a fence i dont own,i gift it to the neighbours.