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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

TitoMojito · 29/03/2022 09:24

If the fence is entirely within your property boundary, then yeah he shouldn't have painted it. We deliberately built our front fence a bit too far into our garden so that our neighbour wouldn't be able to paint it. I hate green fence paint with a passion so I would also be upset if my nice fence was covered in green streaks.

Hankunamatata · 29/03/2022 09:36

Its not unreasonable for neightbour to paint their side of the fence. Bird box is fine, it's their garden. They probably didnt realise it dripped through or they were treated panels.

We essentially put two fences back to back to avoid this so we each have our own fence to do with as we please.

You just need to decided how you will fix the look of your panels

Hankunamatata · 29/03/2022 09:43

So go talk to them again. He doesnt sound unreasonable, he thought he was protecting the fence with stain/paint.. If paint cant be removed then ask them to pay for new panels. Then put these infront of his painted ones creating a double fence so they can paint until their hearts content.

0blio · 29/03/2022 09:47

For those posters who don't understand fence ownership look at it this way: if OP didn't have a fence but decided to put say a table and chairs on the boundary line, would you think it's OK for a neighbour to paint the side that faces their garden? And hang a bird box on it?

The fence is OP's property, not the neighbour's to do what they like with just because they look at it!

RedWingBoots · 29/03/2022 09:47

@Hankunamatata

Its not unreasonable for neightbour to paint their side of the fence. Bird box is fine, it's their garden. They probably didnt realise it dripped through or they were treated panels.

We essentially put two fences back to back to avoid this so we each have our own fence to do with as we please.

You just need to decided how you will fix the look of your panels

Actually it is unreasonable to touch a fence without permission of the owner of the fence.

Boundary disputes including fencing cause a lot of serious issues between neighbours.

That's why you simply don't touch your neighbour's fence without asking first.

AllThingsServeTheBeam · 29/03/2022 09:48

Can't you sand the bits that have dribbled and re-stain your side?

It is only on MN I have ever heard of people having problems with neighbours painting fences. I've never asked permission and my neighbours have never asked mine! Or as kids growing up! I honestly didn't think it was a thing until MN.

My neighbours paint dribbled through onto our side and I just wiped it off. If it had dried I would have just sanded it or painted over it!

RedWingBoots · 29/03/2022 09:52

@AllThingsServeTheBeam

Can't you sand the bits that have dribbled and re-stain your side?

My neighbours paint dribbled through onto our side and I just wiped it off. If it had dried I would have just sanded it or painted over it!

Read the thread!

The OP's hasn't stained her fence on either side. It is a new fence where the wood was treated so it doesn't need staining for a good few years. The neighbour just decided to paint the side facing him green without her permission. It is not his fence to paint. He also screwed in a bird box without the OP's permission. It is not his fence to screw things into.

AllThingsServeTheBeam · 29/03/2022 09:56

@RedWingBoots I did read the thread. Did you read my post? I said could she sand and re-stain?! The answer was yes or no.

And again, never in my life would I think of asking permission to paint a fence and I would be really confused if a neighbor thought they had to ask me!

BoodleBug51 · 29/03/2022 10:00

We had horrendous issues with our NDN's over the hedge that ran down the bounday (planted by our previous owners). After 5 years of having them throw all the cuttings that they obsessively kept taking off into our back garden, we cracked and paid for a fence all the way down the front and back of the properties even though it was their boundary to maintain. Cost us over £7k but it was that or kill the old bastard.

They then sold the house 3 years ago (hurrah, we opened champagne such was our joy) and the young couple who bought have nailed all sorts to the fence. I had to send DH round to say that actually we'd paid for it and not the previous owner, it would be their liability if it was damaged, and under no circumstances is it to be painted/treated without some discussion as we'd paid extra for treated wood.

EvilPea · 29/03/2022 10:01

Missing the point entirely,

Have you put hedgehog holes in?

SamphiretheStickerist · 29/03/2022 10:01

And again, never in my life would I think of asking permission to paint a fence and I would be really confused if a neighbor thought they had to ask me!

Then you would be in the wrong if the fence did not belong to you.

That is the law. Neither ignorance nor confusion is a defence!

AllThingsServeTheBeam · 29/03/2022 10:04

@SamphiretheStickerist

And again, never in my life would I think of asking permission to paint a fence and I would be really confused if a neighbor thought they had to ask me!

Then you would be in the wrong if the fence did not belong to you.

That is the law. Neither ignorance nor confusion is a defence!

Well me and every neighbour and family members neighbour we have ever had are all law breakers!

Like I say, no one I have ever come across IRL has this much head space for the paint their neighbours put on their side of the fence.

SamphiretheStickerist · 29/03/2022 10:06

Does that really matter? You do you!

I have a fence, it is new and treated. My NN is fully aware that it shouldn't be painted or have things attached to it. We had that discussion when we workd out whose fence it was and who needed to pay for it to be replaced.

That you don't care about paint dripping through is your cavalier attitude. You can't expect everyone to agree !

PigletJohn · 29/03/2022 10:10

[quote AllThingsServeTheBeam]@RedWingBoots I did read the thread. Did you read my post? I said could she sand and re-stain?! The answer was yes or no.

And again, never in my life would I think of asking permission to paint a fence and I would be really confused if a neighbor thought they had to ask me! [/quote]
when you park your car in the road, one side faces my house.

So I've decided to paint that side of your car green.

Obviously, I won't ask your permission.

AllThingsServeTheBeam · 29/03/2022 10:11

@SamphiretheStickerist

Does that really matter? You do you!

That you don't care about paint dripping through is your cavalier attitude. You can't expect everyone to agree !

I do. Which is why I would fix it.

Nothing to do with a cavalier attitude.

I find it hard to believe people on here would be happy with potentially 3 different coloured fences in their garden. I find the idea very strange indeed

nokidshere · 29/03/2022 10:12

I'd get the drips pressure washed off and then leave it. A bird box on their side won't cause any damage but Neighbour disputes can ruin lives. It's just not worth it.

BulletTrain · 29/03/2022 10:12

Like I say, no one I have ever come across IRL has this much head space for the paint their neighbours put on their side of the fence.

There is no "their side". It is exactly the same in law as if the neighbour had a storage unit with the back facing a neighbour and they decided to paint the half of it that faced them.

My fence is on the boundary and shared. My side is painted, my neighbour has strung lights on his side. All fine.

AllThingsServeTheBeam · 29/03/2022 10:14

@BulletTrain

Like I say, no one I have ever come across IRL has this much head space for the paint their neighbours put on their side of the fence.

There is no "their side". It is exactly the same in law as if the neighbour had a storage unit with the back facing a neighbour and they decided to paint the half of it that faced them.

My fence is on the boundary and shared. My side is painted, my neighbour has strung lights on his side. All fine.

Ok then. The side facing THEIR garden. FS.

BulletTrain · 29/03/2022 10:17

What about the rest of my point that proves you wrong? Thought not.

AllThingsServeTheBeam · 29/03/2022 10:18

@BulletTrain

What about the rest of my point that proves you wrong? Thought not.

What you on about 'proves me wrong'? Wrong about what?

I literally don't care or have ever met a person IRL that cares about fencing. I haven't said I was right? I just gave my opinion.

Questiontellme · 29/03/2022 10:20

Havent RTFT so apologoes if this has already beeb stated.

We haven't had your particular issue but we were your new neighbours - having bought said property where part of the garden had been sold, so you should have and they should have documentation of the details of the sale of the land, someone may correct me but this then forms part of the deeds, ideally the point about you owning and being solely responsible for maintaining the fence should bein there as a point and ideally as a restrictive covenant, they as the buyers should have detail of this and as should you as the new owners of that parcel of land.

Again someone may correct me but a) if it isn't in there at all then you have a been very poorly handled by whoever dealt with this land sale. But b) I do believe this is where 'Party Wall'wpuldfall into place which means that both parties, I.e you and them need to be informed of and in agreement with proposed changes by either party.

Either way I believe and again do seek proper legal advice but you can act of them both civilly and criminally.

I would advise you to check your position, I.e does party wall come into play or is it clear in the terms of the sale of the land - which they as the new owners should have visibility of also. A solicitor would then advise you to try resolve via mediation I.e going round with any supporting documentation and asking them to remove tg2 bird box and remedy the damage. If they don't then you can take proper legal action as will be tour right - I think, ha!

BulletTrain · 29/03/2022 10:24

You are in wrong in implying (complete with a "FS" as if I am being pedantic) that there's no difference between "their (the neighbour's) side of the fence" and "the OP's fence" which is fully on her land. That is the entire point - they are not allowed to paint a fence which is not shared!

Hillarious · 29/03/2022 10:25

[quote KloppsTeeth]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/[/quote]
Nicely sorted out by your mum and her neighbours, @KloppsTeeth (love Klopp, and his glasses too).

This whole post has highlighted how ignorant many of us are about boundaries and fences. There is the assumption that a fence follows the boundary line, and even if the OP's fence is within her boundary, it's not exactly obvious to the people on the other side, unless it's been explicitly pointed out to them.

We've been "gifted" by our previous neighbours a strip of land from their garden, which is around 2ft x 15ft long, where he couldn't be bothered to run his fence behind his garden shed, and instead used the shed as the boundary. Currently waiting for the new neighbours to talk to us, as they've been taking photos. Or maybe it will just be a solicitor's letter that arrives.

AllThingsServeTheBeam · 29/03/2022 10:26

@BulletTrain

I meant their side of the fence as in their garden. Not the fence itself. HTH.

BulletTrain · 29/03/2022 10:31

Righto Perhaps all the many, many people you have met who simultaneously paint their fences yet don't care about fences have shared ones.

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