Fencing or Do I live next door to Donald Trump?

[GrouachMacbeth]

I'd appreciate your thoughts on this, bear with me.

A buys a house, a semi detached property. The estate agents leaflet and a note from the seller when you move in saying the fences in the not tiny garden are your responsibility and you are responsible for their upkeep, their maintenance and all aspects of care.
When you speak to B, the neighbours on one side you see a newish, well made fence about 6 feet tall. The neighbours B, say the fence is theirs, is built entirely on their property and it is about 5 cms on their property. They show plans, old fence posts and explain that the original fence had been in place for 80 years, had rusted, the wire was corroded and sharp. Children in the property had previously played on it and they had asked the person who sold the house to A to pay towards a new fence (they were absentee landlords). He had refused any requests to replace or contribute to a boundary fence: so they had built the fence themselves at their own cost on their property.

You are A - are you delighted that a fence dividing your garden from Bs garden and leave it, or do you try to convince yourself that the fence is your fence, despite the evidence?

Next, you,A are in your garden and B asks if they can access your garden at some time to paint the face of their fence as they are painting the other side and other fences. You decline, as you are still wondering what colour to gave your garden. B politely reminds you that the fence is theirs, on their property, but asks that you, A to discuss colours with B as some paint will fade through or mark edges. A agrees.

A few months later A is painting another wall which has been indicated as Bs property, paid for by B and on Bs side of the property line. B says "please do not paint my fence without my permission" A states it is a boundary wall, which B denies, pointing out that it is again entirely on their property. A says "I need to speak to your Man". B says she can deal with any issues as much as her husband and requests any painting or amendments to their property be in writing. A says "I don't want to talk to either of you ever ever again.

Do you A, apologise for painting their wall and agree to ask in writing or do you demand B apologise for upsetting them, and decline to talk to them, ever.

You are B. The fence needs to be painted on it's far side, the side you don't see, but is on your property and is obviously seen by A. A has refused you access to paint it from their side.

Your options seem to be -
stand on the 5 cms of your property, on the other side of the fence, holding onto the your fence with one hand, the paint brush with another and the paint pot with a third hand, whilst avoiding your big bum overhanging into As garden, or
climb a stepladder to roller the fences other side. You will not get as good looking a finish but, hey you don't see it and also-

do you paint it the same light brown your other fences are or do you do rainbow stripes as you suspect that A is not altogether on favour of diversity - or if you knew he was an Everton fan, paint it red?

Im being flippant with the last bit. Aye right.

Thank you for reading, any thoughts? ( Oh don't say move because you've upset a Man - ain't gonna).

Your fence entirely on your land only you get to paint it unless you give permission.

Your fence that you own even on the boundary again they cannot paint what they don’t own without permission or it’s legally criminal damage.

People need to stop thinking that a boundary that isn’t theirs is something they can do what they want with. If you don’t own the wall or fence or that strip of grass you will be committing criminal damage if you touch it without permission.

@GrouachMacbeth as you’ll probably tell from my username, the targeted coloured paint would only remind me (were I your neighbour) of how much enjoyment I’m missing out on from blasting an Everton song medley everyday for an hour or so! Nothing like a rousing rendition of Spirit of the Blues or Z Cars to make fencing disputes seem less of an issue 😂

In all seriousness would probably just put my own fence in on the boundary so no further need to engage.

The fence is on their property and their responsibility, they can paint both sides whatever colour they like.. You put one up on your land next to it and paint it whatever colour you wish.

Why are you painting the other side of the fence? Surely you can’t see it?

A sounds a complete twat and a nightmare to deal with
the fence belongs to b is in b’s land so b should just paint it any colour he wants ideally lift panels out if this isn’t possible he can lean over and spray it
as a owns the land but not the physical air space above it ( think telephone / electric wires spanning the airspace above your house

though shit on A if it looks crap it’s there fault

the reason B asked to speak to A’s man isn’t penis related A just seems incredibly hard work and un cooperative

If you build a fence on your land then your neighbour may not paint it, attach things to it, grow plants up it, cut hedgehog holes in it (etc) as it is your property. If they do, it is criminal damage/vandalism.

It is the correct thing to do to politely request occasional access to their garden to maintain the outside of it. Whilst 99.99% of people will use basic wood stain/creosote equivalent in some shade of wood colour to do this, you are totally in the right legally to paint the side that faces out of your property neon pink if you wish (provided that is not prevented by some other rule such as being in a preservation area etc).

If they want their own fence in their own colour scheme, then they need to put their own fence up inside their boundary. They can then do whatever they like to that. It is very common to have double fences, for example where one neighbour wants to ensure their dog can't escape across the neighbours' non-dog-proof fence , or one wants a hedge but the other a fence.

B just needs to slide the fence panels out, paint them, then put them back.

If A doesn’t like the colour then he/she can put up their own fence / hedge.

Don’t understand where the wall comes into it .

Yes I’m afraid I would want to choose the paint colour for my side of the fence. And if you wouldn’t allow me to do that i wouldn’t allow access to paint my side either so would live with plain wood (or you can remove the panels to paint both sides).

Read it 3 times, like to think I’m fairly intelligent, no fucking idea. Less A’s and B’s please. This is not Mi5

Honestly, this A and B stuff is so confusing.
Have you put up a fence separating your garden from your neighbour's, and the people next door want to paint their side of it?
Just let them get on with it. It was never going to work, trying to own and keep control over both sides of a boundary fence. If it's only 5cm away from their property, it is to all intents and purposes a boundary fence. It you wanted it to be just yours, you needed to leave a gap in the fence and enough space for you to stand on your own land and paint it.
Move on!

Hedge.
Burn the fence, it's upsetting A, B and us.
Everyone happy because everyone loves a massive bonfire close to their houses.
Haven't got a clue what's going on.

You should have thought of that earlier, and put the preservative on before putting the fence up. You can't get on their land to do it now, or tell them to do it. Too late now.

I assume because fences need to be maintained so if it is not painted it will need to be treated regularly otherwise it will rot

actually you can.....also its not me.....https://www.blbsolicitors.co.uk/blog/access-to-a-neighbours-property-for-maintenance-what-are-my-rights/#:~:text=Access%20to%20Neighbouring%20Land%20Act%201992&text=But%20you%20must%20establish%20one,to%20a%20party%20wall)%3B

TlDR I'm on the fence with this one!

I’m totally lost. Am I A or B? It switched half way through. Which one are you?

What wall are you talking about? The outer wall of your house? Why would he think he can paint that? And what does Donald Trump have to do with anything?

A should leave the new fence alone. She has no right to paint/treat/grow plants up it/add trellis. B replaced it which legally makes it his responsibility.

Wall? What wall?

Thank you for reading, any thoughts?

Lots. But they're about as confused as your OP so I doubt they'll be much use to you.

Any thoughts - yes, why not use the OP to explain the problem and the AIBU, instead of waffling on about several different A & B scenarios?

I stand corrected if that applies to this situation, but why set it up like this in the first place so that accessing their land is necessary? If the neighbours decide to put up their own fence 5cm away on their land, there is no chance of painting the outside of either fence.

This! All this refusing to let your neighbours paint their side of the fence sounds incredibly petty and controlling.

My neighbours have painted their side of my fence grey - it wouldn't be my choice but I don't mind at all, and I haven't said a word about it because I don't have to look at it and I value good neighbourly relations more than I do controlling the colour of a fence I can't see.

TLDR, but seems to have zero to do with Donald Trump, so the OP Is unreasonable on that account alone.

And then it gets to law and gets nasty. As for "why set it up like tgat, slide out panels are not common and I can't see how you can have a non sliding out panel fence that can be accessed eithout going into the neighbour's garden unless you are going to hang over the top and spray it?

What a load of convoluted rubbish