Asking neighbours not to grow plants on our fence

[crunchiest]

We recently had to replace the retaining wall and fence between our garden and the neighbours garden. The retaining wall was on our property, and so was the fence. We asked the neighbours to contribute to the cost of the fence, and they refused, citing “works” they were saving up for.
Legally it was a grey area, with better argument that we should pay for the whole thing, so we did it. It was very expensive, and the neighbours now have a super nice fence to look at instead of the disgusting crumbly one from before. It was done last October and I’ve now seen that the neighbours are now growing all kinds of plants on our fence (on their side) including leaning polls on there for their tomatoes. Aibu to ask them not to do that? The fence is wood and will obviously be damaged by this.

Not necessarily although its often stated. Sometimes fence ownership is marked on the deeds but often not. I have got an L shaped garden and apart from the side gate and a short run of fence in one place, all the fencing belongs to my 6 other neighbours

The only point I would highlight is that even if you (general you) pay for a fence it does not automatically make it yours.

My neighbour had to replace and pay for my fence (after running into it with his car) but it's still my fence even though he paid for it.

But in this case, that does not apply because the OP said the fence is on her land and therefore it is hers.

Just to add: I don't see how you had a case for asking the neighbours to help pay for it, OP, because you've said it is on your property.

No need for a bare fence. Just plant some plants but do not attach anything to the neighbour's fence. There is no need to. If you want to grow climbers grow them on your own fence. It's common courtesy and good manners.

A builder offered to replace our back fence. We refused as we’d recently landscaped and fenced to the edge of our own land. The builder was well aware of the boundary, but wanted uniform fencing for the houses behind us they were constructing. It meant that they had to put up their own fencing within their own boundary. They knew the law prevented them attaching anything to our fence posts etc so were very careful tbh.

If it's your fence and you paid for it, you can request that your neighbour doesn't attach anything to it

We had the situation where a neighbour had a shed close to the fence we were responsible for and the neighbour was shoving things between the shed and the fence, old cardboard boxes being the main thing. Over the winter months the cardboard was wet/damp most of the time and contributed to what was a new fence panel rotting within a couple of years.

Sorry, this would only be correct if the fence was on the neighbours land (as you say), in which case the OP would be committing trespass. It still does not provide the neighbours with the ‘relief’ that they can ‘damage’ it.

There is no requirement to have any fence between neighbours at all, of course.

Noone can grow anything up it touching, nor can they paint it, attach anything to it. Its your fence.

Tell them to move it

What is actually attached to the fence OP? You said leaning pools but are they attached or touching it?

Meanwhile in the real world no one is bothered unless actual damage is inevitable. You're just salty as they didn't go halves!

I've never seen an attractive fence, they are hideous unless covered with plants. Walls are much nicer and more robust

I think essentially we agree. I'm not sure exactly what you mean in your first sentence.

Basically, if the fence belongs to the OP (and not just because she paid for it, but because it is officially marked as hers) then the neighbour can't attach anything to it or paint it.

If you definitely own the fence then legally your neighbour can't paint, grow or attach anything to it.

It's not even really about neighbourliness - it's about simple pragmatism. Why start a fight about it? The neighbours weren't unpleasant, they just refused to contribute financially. We know the reason they gave, we don't know anything else. Why start throwing legal stuff around when it's not certain if the fence will even be damaged? It takes two to tango but only one to create a pointless conflict.

Boundaries and responsibilities aren't always clear cut, as so many responses here show. And it's all very well quoting civil/criminal law but we all know the police aren't going to give a monkeys and nor should they. They barely have the resources to deal with actually important crimes. And anything civil will probably cost more than the fence did for even a couple of hours of a solicitor's time!

Yes you legally ‘in the right’ but why get into a war with your neighbours over some tomato plants .. wouldn’t it be better to get on with your neighbours rather than look at ways to go to war with them ? It’s nice to have friendly relationships with your neighbours.. I had my neighbours each side and their neighbours over for a bbq last week .. we all look out for each other , feed each others cats when we are away , give each other excess produce we’ve grown .. a much much happier environment to live in !

Can't believe the amount of ridiculously incorrect answers on the first page.

Your property, on your land. They cannot attach anything or alter it . Just because a fence faces your land does not mean you are entitled to one side of it.

If you don't want the plants on it, tell them to take them off.

This would be a civil matter, not criminal, so your comment concerning police involvement is irrelevant, with respect.

As to simple pragmatism - if I were the OP, I would again invite the neighbours to go halves. If they decline, then I would politely ask them not to attach anything to the fence etc. The logic being, the OP would presumably need to pay for the fence to be repaired (which is unreasonable, of course).

If they were growing clematis, wisteria, planting trees up against it then that would damage it. But I don’t see how canes for tomatoes and attaching normal plants will damage it. If they are big or heavy then I would have a word but lighter things I wouldn’t bother. I would definitely ask them not to stain or paint it though - my neighbour did this (their fence so their right) but the drips on my side were awful

"civil tort of criminal damage" confused me a bit, not being a legal bod, so I thought I'd cover all bases. 😉Cost of solicitors versus cost of fence stands though.

You're basing your approach on the assumption that the fence will be damaged, and that isn't by any means certain. Which is why, to my mind, it's not worth creating an issue by asking a second time for money they've already said they're not prepared to pay. Also, at this point, whatever costs were incurred weren't agreed in advance by the neighbours (if I agreed to share the cost of a fence I'd ask to see quotes and want to have a say in who/how much/when etc) so they have another reason to refuse.

Not worth it.

I'd just ask for some tomatoes. 😁

Presumably your neighbours have another fence on their other side for which they are responsible for. So I don’t understand why they would be asked to go halves on your one. They haven’t done anything wrong. Why pick an argument over nothing.

Legally yes you can!!

Legally the neighbours have NO right to paint it, put anything on it, attach anything on it etc AT ALL so get them told!!!

Sorry, damage can be treated as either civil or criminal, I recall - obviously this would be the former.

From my experience, it’s preferable not to have grey areas when it comes to boundaries etc. It does not need to be confrontational at all, but it is best to have matters agreed - houses are sold, people move/break up etc.

Just my view.

If the fence is ON the boundary,.you have no legs today and on. If the fence is IN your boundary you are able to tell them not to and to tell them to keep their plants in their boundary.

It might not be worth the bad feeding between you 2 saying anything .
Do you have anything near the fence ? A few years ago I got rid of old climbing plants near a fence ( it had a gap between the grass and the fence filled with pretty gravel in the garden side and nothing but a field on the other so weeds kept damaging the fence ) by depositing a huge amount of slat near the fence on my side . It meant nothing grew cp for a good 20 inches on each side . Obviously they won’t be happy but don’t have to know 🤷🏻‍♀️.

I'd staple some brightly coloured tarpaulin or waterproof plastic material to the neighbours side only to protect it.

Are you really going to risk a fall out with neighbours over a few tomato plants? Ridiculous.