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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Neighbour & potential Fence wars !!!

129 replies

supermario10 · 28/03/2022 21:23

Hello, I'm wondering if anyone can help or offer some advice on a potential neighbour dispute / fence issue . We bought some land at the back of our house from a neighbour to increase our garden size and over the past year or so have been landscaping our whole garden. Part of this landscaping including erecting (and paying for) a fence on the new boundary where we bought the land. We agreed with the seller that we'd pay for and maintain the fence..anyway around 8 months ago the house was sold and new neighbour moved in. We haven't met them as they are on another street and new fence makes it private. Anyway today got back from the school run went out in the garden and new neighbour was painting his side of the fence. BUT the dark green paint has dripped down the back onto my side of the fence and looks awful. I'm gutted. He's also screwed a bird box into it (only noticed that when I looked over today. Can't tell if that's off the panel or the post yet though). We treated the panels as wanted natural wood look. What can I do? I obviously , clearly don't want a neighbour dispute but at the same time I feel really annoyed that someone did this without thinking to ask first. I'm sure I'll get a few 'get a grip ' comments and yes I understand 'first world problems' and all that but we spent a lot of time, effort and not to mention money on it. Really hope someone can help or advise what they would do in this situation. Maybe it's because we back onto them so don't really have contact with them in the same way as if they were next door.

OP posts:
AdobeWanKenobi · 28/03/2022 23:20

@Sub1required

Was this discussed when he was buying the property/moved in? If he hadn't been made aware then I think it's unreasonable that you are wanting it replaced. He's started now so won't his garden now look odd if it isn't finished? When you bought the land and agreed to pay and maintain the fence did you not consider that the person on the other side might want to paint or add decorative features?
So you’d just happily start slapping stain on any old fence without ascertaining who bought and paid for it then? Righty oh.

His garden looking odd is not an OP problem, it’s a neighbour problem that wouldn’t be a problem at all had he actually bothered to check who’s property he was painting.

MRex · 28/03/2022 23:23

My houses' deeds showed which were my boundary fences (side + shared for one, side + back for the other). Were the deeds of each house updated to show that you now have the boundary, or might the deeds say something different? Is the fence right on the boundary, or within your side?

Of course it's annoying regardless. I'd go round there with the wood treatment tin and say the nailholes for the birdbox have to be done, and explain the drip damage on your side that needs to be put right. Let them try to fix it first, for the sake of relations.

AdobeWanKenobi · 28/03/2022 23:28

@MRex

My houses' deeds showed which were my boundary fences (side + shared for one, side + back for the other). Were the deeds of each house updated to show that you now have the boundary, or might the deeds say something different? Is the fence right on the boundary, or within your side?

Of course it's annoying regardless. I'd go round there with the wood treatment tin and say the nailholes for the birdbox have to be done, and explain the drip damage on your side that needs to be put right. Let them try to fix it first, for the sake of relations.

Not that simple. Not all deeds show fence responsibilities, mine don’t show any at all.

Fence owner will be the person who pays for it regardless of responsibility.

MrsElijahMikaelson1 · 28/03/2022 23:29

💐 for on your fence

mynamesnotMa · 28/03/2022 23:34

Our new neighbours did this on brand new fence. We'd also went for more expensive option pressure treated and with a week they'd done an awful paint job which dripped through....so we then had to paint outside orange. They pointed out that the paint ran and so had to put another coat of bloody green...Confused

burnthur5t · 28/03/2022 23:41

We put a new fence up last summer and my neighbour painted their side, didn't ask but I can't exactly stop them. I expected them too paint it tbh

There was about three areas where paint had dripped through and left a mark on our gravel boards. DH got some really abrasive sandpaper and managed to sand it down so you can't see it. Can you do the same?

KloppsTeeth · 29/03/2022 00:12

I wouldn’t be pleased about the drips either.

My mum paid extra for pressure treated wood on a fence and next door painted it. She got a product called Dilunett to remove the paint splashes from her side and they said they wouldn’t paint it again. They just hadn’t realised it would drop so they bought it for her
www.owatroldirect.co.uk/product/dilunett-gel/

PigletJohn · 29/03/2022 02:21

A jetwasher blasts off fencestain and leaves it clean and roughened ready for another treatment. Use a fan sprayer if you have one. It has to be quite close to the wood.

gumball37 · 29/03/2022 03:11

I don't see why this is even a question. But I also don't know the laws where you are. If tell him he needs to cover the costs of replacement. If he refuses, take him to court. He damaged your property, it's up to him to fix it. Imagine if he decided he didn't like that your red car parked next to his house so he painted it blue. IMO it's no different.

NumberTheory · 29/03/2022 03:25

It sounds like an ill-informed mistake on the neighbour’s part - incorrectly thinking he was doing the right thing protecting the fence by painting it - rather than him being an ass who doesn’t give a damn about you or your property.

Does the paint on their side mean the wood treatment is compromised and the fence won’t last as long? If not I would be inclined to forget about that side of it.

Is there anyway the paint could be sanded off your side and the wood retreated? If that were possible it gives you something reasonable to request. Along with not screw anything more to it.

Technically he’s damaged your property and owes you an almost new unpainted fence. But I don’t see a way to get that without damaging your relationship in a way that could end up being much more costly in terms of bad feeling and future lack of friendliness and lack of cooperation.

NumberTheory · 29/03/2022 03:29

@MRex

My houses' deeds showed which were my boundary fences (side + shared for one, side + back for the other). Were the deeds of each house updated to show that you now have the boundary, or might the deeds say something different? Is the fence right on the boundary, or within your side?

Of course it's annoying regardless. I'd go round there with the wood treatment tin and say the nailholes for the birdbox have to be done, and explain the drip damage on your side that needs to be put right. Let them try to fix it first, for the sake of relations.

Deeds normally show who has responsibility for marking the boundary. They don’t normally show ownership of a fence, hedge or other item that runs along the boundary, though in the absence of other evidence of ownership, it’s often taken that way. Generally speaking, If someone pays for a fence, they own the fence, regardless of who is responsible for marking the boundary on the deeds.
1forAll74 · 29/03/2022 04:03

Can't you go over the green bits of paint, with whatever product you used on your side.

NumberTheory · 29/03/2022 04:55

@1forAll74

Can't you go over the green bits of paint, with whatever product you used on your side.
OP has repeatedly said she had and wanted it to be natural wood. You can't "go over" paint with natural!
RedWingBoots · 29/03/2022 05:24
  1. Go and talk to him or as he doesn't listen to women send a man. Tell him the fence is yours so not shared, he needs to remove the bird box and what he needs to make good the fence specifically your side. Tell him he has a month to do it
  1. If he doesn't do it follow it up with a solicitors letter.
  1. If he doesn't do it then unfortunately you would have to rectify it and take him to Court for costs.

Getting to point 2 and 3 will sourer neighbour relations. If you get to point 3 you will both have to declare it if you sell up.

I did point 1 with my own neighbours but as they refused to talk I left a note. I made them remove the stuff they screwed into the fence. I didn't ask them to repaint the fence but I will at some point remove the panels and paint them black on their side as the shit paint they used faded within 18 months. When I eventually replace the fence it won't be wood.

Notjustanymum · 29/03/2022 08:04

We own the fence between our neighbours and our front drive, and replaced it with low posts and chain, in order that it could be temporarily removed so that the neighbours could gain access to their garden (because by extending their own property they now had restricted access to their oddly-angled path).
When they paved their drive, the contractors paved between the posts, so now it looks like the fence is on their property! I’ll have to get them to tell the new owners, when they move, that their drive paving is actually on our property by 4”…

Patented · 29/03/2022 08:24

These posts amaze me. Is a court really going to be bothered by some drips of paint and a bird box? The chap or whoever moved in, saw a fence his side of the garden and customised it a little. Didn't break it or add trellis, just something that they have to look at all day long. Why people get precious about a side of a fence they can't even see is beyond me! People aren't psychic, how are they to know the delicate negotiations and neighbourly relations that went into you putting up a fence? It's just absolutely barmy.

carefullycourageous · 29/03/2022 08:26

@Patented

These posts amaze me. Is a court really going to be bothered by some drips of paint and a bird box? The chap or whoever moved in, saw a fence his side of the garden and customised it a little. Didn't break it or add trellis, just something that they have to look at all day long. Why people get precious about a side of a fence they can't even see is beyond me! People aren't psychic, how are they to know the delicate negotiations and neighbourly relations that went into you putting up a fence? It's just absolutely barmy.
A civil court will consider any case that can legally be brought.

You seem not to understand ownership, it is how it is legally in the UK.

Original poster
supermario10 · 29/03/2022 08:36

@Patented

These posts amaze me. Is a court really going to be bothered by some drips of paint and a bird box? The chap or whoever moved in, saw a fence his side of the garden and customised it a little. Didn't break it or add trellis, just something that they have to look at all day long. Why people get precious about a side of a fence they can't even see is beyond me! People aren't psychic, how are they to know the delicate negotiations and neighbourly relations that went into you putting up a fence? It's just absolutely barmy.
Hi, firstly I have absolutely no intention of taking the man to court and never said I did. I can see the very large drips of paint on my side and it's made it look a mess which is I'm "precious" about it. There were no delicate negotiations. We paid for and erected the fence and its on our side of the boundary line. I did expect people to see this as 'petty' but do feel your reply shows that you haven't read what I'm saying. I don't want a dispute or to take anyone to court but I also don't think I'm being "barmy"
OP posts:
MRex · 29/03/2022 08:37

@Patented

These posts amaze me. Is a court really going to be bothered by some drips of paint and a bird box? The chap or whoever moved in, saw a fence his side of the garden and customised it a little. Didn't break it or add trellis, just something that they have to look at all day long. Why people get precious about a side of a fence they can't even see is beyond me! People aren't psychic, how are they to know the delicate negotiations and neighbourly relations that went into you putting up a fence? It's just absolutely barmy.
Holes for a bird box that haven't had wood treatment applied will invalidate OP's warranty. If they paint, then at some point it will need to be sanded before painting again; that would also invalidate OP's warranty. We specifically spoke to our neighbours to say to ask us for the preservative tin if they want to attach anything (though they aren't planning to right now), because a 25yr warranty is valuable.
RedHelenB · 29/03/2022 08:37

@Notjustanymum

We own the fence between our neighbours and our front drive, and replaced it with low posts and chain, in order that it could be temporarily removed so that the neighbours could gain access to their garden (because by extending their own property they now had restricted access to their oddly-angled path). When they paved their drive, the contractors paved between the posts, so now it looks like the fence is on their property! I’ll have to get them to tell the new owners, when they move, that their drive paving is actually on our property by 4”…
Too late by then, you should have said something at the time.
maddy68 · 29/03/2022 08:40

I think you are being a bit precious. They are just painting their side of the fence. As annoying as it is

Just rub it off or paint over bit worth falling out over

Jossbow · 29/03/2022 08:59

Jet washer?

brainhurts · 29/03/2022 09:04

Just ask him to make good the damage, sounds like he was only trying to protect the fence

stripeyflowers · 29/03/2022 09:10

Chances are the they don't realise it's not their fence. Or have thought about paint dripping to the other side. They're just making their garden pretty.

It's tempting to say just try to sand off the paint from your side but the reality is they will just keep on hanging things or growing things on the fence, oblivious they are doing anything wrong.

In the interest of maintaining good feeling on both side I would just call round and explain in a friendly way. Hopefully the will be fine and it will save a lot of unnecessary escalation in the future.