Which neighbour is right here?

[BernadetteRostankowskiWolowitz]

Two neighbours live in a pair of flats (like a converted house). Two flats only. Two neighbours only. I'll call them Up and Down.

Up has access to a private yard to the right of the property. Down has access to a separate private yard to the left of the property.

Down has windows which overlook both their own and Ups yard. Ups windows overlook both as well but from above.

Up has repainted their yard, it was white along outer walls previously which have been repainted white, but in addition, Up has painted the walls which belong to Down. So outer walls of Downs property, meaning all walls facing into their yard are now white.

Up thinks this is reasonable as Down cannot see these walls, cannot access them without permission of Up, and the paint is an improvement.

Down thinks this is unreasonable as the walls do not belong to Up and to do so was not on, and that Up should pay to have the walls stripped of paint.

So....who is right in this situation?
YABU - Down is correct, paint should be removed
YANBU - Up is correct, paint should stay

Ok, missed the update about down having painted their walls in their yard. They're both wrong and being ridiculous.

OMFG 🤷‍♀️🤔

Up shouldn't have done it without asking but Down is being petty.

So it's th actual structural wall of the house that's been painted? What was there before? As in was it painted of bare bricks/pebble dash etc.

The wall was originally bare brick. The other three walls (2 boundary walls and 1 garage wall belonging to Up) were already white so we're repainted to freshen.

@redbigbananafeet

You can't go around just painting someone house! 😂

Right!? The rest of it doesn't matter. You can't just paint someone's house to improve your view.

Here's the thing. If this was a terraced house, the wall is in fact shared - if I paint my living room wall do I have to ask my neighbour's permission? No, of course not. Down's house wall is up's garden wall AT ONE AND THE SAME TIME.
It's Schroedinger's wall right?
Down's being ridiculous!

If the other three walls had been previously painted but the house wall had been left, perhaps UP should have just refreshed what was already there and thought about the reason the fourth wall wasn't painted. Previous owners had clearly not painted it for a reason....

It is simple. Legally the wall is the wall of Down's house, and Up should not have touched it or painted it.
Equally, Up should not have any trellis attached to the wall, or plants. The wall is not theirs

Whether Up llikes it or not, the wall is not theirs'
Imagine if Up had damaged the wall in the process, or used the wrong paint, etc.

In practice in UK everyone paints their own side of the fence and doesn't really care, but you technically are not allowed to do this.

For a garden wall or fence I wouldn't care, but for a house wall, as the house owner, it is up to me.

But removing paint is a naightmare, not sure that I would go that far

It's Schroedinger's wall right?

Oh this will be my response to them both from now on

The paint needs to be removed. There should be a lease for the overall property defining what can and cannot be done, even with old properties often this is done when converted into multiple properties.

It’s not just about the paint but maintaining the paint, the impact of the paint on the wall. Probably a little chat could have been had and agreed beforehand, but when you live in these kind of shared living areas no one likes coming out to find their neighbour has just gone ahead and assumed.

It is not up’s wall and therefor up should not have painted it.
No matter that down might not see the paint etc.
If I were down I would let it go (unless eg it was a lovely granite or ancient brick wall).
Up absolutely in the wrong.
Down possibly being a bit ‘precious’ about it ?

Ha ha - let us know how Schroedinger's wall goes down with them OP - I am rather proud of it.

@steppemum

It is simple. Legally the wall is the wall of Down's house

It really isn't simple, and there's nothing to suggest your second sentence is true either!

Down is i
n the right but is being unreasonable.

YABU - the wall is down property- you can't paint it

I don't think ppl should just start painting things that's aren't theirs without asking first.

If they only want it stripped or repainted because it’s ‘theirs’ then they’re being petty af.

If it’s horrible then yes they are within their rights to ask the others to cover the cost of putting it back the way it was.

Either way, stern words should be had about actually discussing with your neighbours plans for their walls!

No, of course not. Down's house wall is up's garden wall AT ONE AND THE SAME TIME.

not in law it isn't. this isn't the same as an internal wall at all.
Legally the wall is the house wall of Down. Up should not have painted it.

What I always find interesting about these threads is that people give an opinion, but actually it is written into law, what you or I think is slightly irrelevant

Up is being very unreasonable. I’m on team Down

I can't believe they are both this petty that this is their biggest problem.

If the house looked crap beforehand and someone painted it, I'd personally be glad I didn't have to spend the money or time doing it myself. At least it's just white and not like a sick green colour.

It really isn't simple, and there's nothing to suggest your second sentence is true either!

sorry, but in law you are not allowed to attach things to your neighbours wall or fence. That fatc that many people do, and that often people don't care is beside the ponit. You are not - technically- supposed to.

There have been 10,000 threads about this oevr the years and people are always astonished that this is the case, but it is!

My house wall is in my neighbours garden. It is painted. To paint it, I have to ask his permission and go into his garden. But he cannot paint it, or attach anythi tong it. It is my house wall.

so up is the leaseholder for the wall they painted. That adds aln extra dimension to it all. Could get to be lots of fun then.

To summarise, a neighbour has painted walls not belonging to him without owners permission. He should not have done that.

The schroedinger’s wall analogy is incorrect, in the case of a terraced house you share the wall, with each side forming part of your property. In this case it sounds like the wall is owned entirely by Down. Up is wrong & frankly given they’ve been an arse about it I’d make the remove it to....”improvement“ is in the eye of the beholder