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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Fencing or Do I live next door to Donald Trump?

80 replies

GrouachMacbeth · 09/02/2025 11:17

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).

OP posts:
godmum56 · 12/02/2025 12:30

Summerbay23 · 09/02/2025 13:24

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 the thread. legally you have to allow them access for maintenance.

Summerbay23 · 12/02/2025 15:18

@godmum56 not strictly true I'm afraid. You have to allow access for maintenance, repair or renewal of a building (which a fence isn't as it isn't a fixed structure). Or something that can't be carried out without entry onto adjoining land (in this case the fence panels can be removed and then painted on their own land and then replaced). So again access is not essential.

Going onto your neighbour's land | Law Assistance

Don't get me wrong a good neighbour would allow access but it is not necessarily cut and dried. The other alternative is just to put your own fence up on your own land but then neither party would be able to access the other side of their fence.

godmum56 · 12/02/2025 15:30

the law actually says "structure" not building.
"Where the court is satisfied on an application under this section that it is reasonably necessary to carry out any basic preservation works to the dominant land, those works shall be taken for the purposes of this Act to be reasonably necessary for the preservation of the land; and in this subsection “basic preservation works” means any of the following, that is to say—
(a)the maintenance, repair or renewal of any part of a building or other structure comprised in, or situate on, the dominant land;"
https://www.legislation.gov.uk/ukpga/1992/23/section/1

there is also nothing in the OP that says that the panels are removeable. The ones surrounding my garden are not. Luckily I get on well with my neighbours who do own the fences.

Access to Neighbouring Land Act 1992

An Act to enable persons who desire to carry out works to any land which are reasonably necessary for the preservation of that land to obtain access to neighbouring land in order to do so; and for purposes connected therewith.

https://www.legislation.gov.uk/ukpga/1992/23/section/1

whowhatwerewhy · 12/02/2025 16:17

What a load of nonsense. The fence between myself and my neighbour is his . I allow him access to maintain it . He paints his side green but our side brown ( my preference) . We will add the odd coat if it needs.
My neighbour can be unreasonable at times but even he's not bothered how I paint my side of the fence .

longtompot · 12/02/2025 17:18

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

First off, I'd get hold of my deeds if I didn't have them already and see if they show who is responsible for which boundary. I know not all deeds show this, but just to check. I would not take the estate agents word for it and the previous owner might not have the correct information.

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

If the neighbours have put up their fence on their property then the whole of the fence is theirs and they can paint both sides what colour they wish.
If you want to paint your side of a fence what ever colour you want then you need to put up a fence on your property.

I got a bit confused at to who is you and who is neighbour, but if you are painting your neighbours wall, then stop it as it's theirs, and you don't need to speak to the neighbours husband as she is quite capable to speak on her own behalf, if it was indeed you saying this ⬇️

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

And you, if you are A, do this Do you A, apologise for painting their wall and agree to ask in writing

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