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.

Spray weedkiller on your side. A heavy layer.

Is it the kind of fence with panels you can slide up and out for maintenance? We had this with NDNs, and I simply told them we would be lifting the panels out every year to clean and maintain/reproof them, so any plants grown against the fence would get ripped out. They moved them back.

In an ideal world it would all be clear cut but the higgledy piggledy nature of housebuilding and historic land ownership in the UK means it rarely is.

I think my own house informs my attitude. I'm on a wonky, hilly plot and share boundaries with: a public path (fence and retaining wall all our responsibility); a road down below (no fence, keep hedges trimmed); neighbours on one side who are lower than us - retaining wall is theirs but fence and trelliswork on top we put up because it's out of their reach to do so. It gives them privacy from us but we maintain it. Been fighting a losing battle with ivy on it for years but the heatwave summer may have done me a favour there.

Neighbours at the back are above us. Retaining wall is ours but they wanted to raise it a bit and put a fence on it. We agreed to share their fencing costs so we could maintain some quality control and have a say in appearance. And grow a trachelospermum up it. 😁

I just try and go with the flow, otherwise I'd go a bit bonkers.

I thought that too.

also more expensive

Make me think about our neighbors that have wanted to replace a fence between us (2 months after we moved in). Due to more urgent work, we said we would not contribute, there was a bush there for separation which was more than fine! However they were pretty good about it, we did plant things alongside the fence but nothing leaning on it for example.

I would tell them it's not allowed to grow plants up your fence and to either remove them, put up their own parallel fence or give them another chance to pay half of the cost of your fence.

Not sure how you'd enforce it though.

They are not allowed to attached anything to a fence that is not their property. Yes they can grown things to disguise the fence but NOT attached anything. We had a request from our neighbours wanting to attach a trellis to our fence so they could grown climbers. The fence wasn’t in a good condition and wouldn’t have taken the weight of a trellis so we refused permission stating we were replacing the fence. We paid for new panels……and now they don’t want to plant any climbers, obviously because they have a nice new fence to look at.
A spray of weedkiller will put paid to anything attached to your fencing OP!

Are the fence panels easy to remove? I'd take them out for now, fk them. You paid, it's your fence.

I totally get that no one wants to fall out with their neighbours but in this case it's not the OPer in the wrong yet theyr'e being told its only "tomato plants".

Not really the point, the point is the neighbour knows it's not their fence, even refused, rightly, not to contribute to a new one being erected yet still want to have use of it by way of using it as a support for their tomatoes.

This is exactly why those that think they can, can and do behave like entitled twunts they show they are.

They can grow whatever they like as long as nothing is attached to your fence, or leaning on it in such a way as to potentially cause damage. I'd be very tempted to spray the fence with weedkiller. To keep the moss and other weeds from growing on it, if asked.

Then ask them to remove it and tell them that you do not give them permission to attach anything to your fence. If you have their phone number or email address do it so that you have it in writing.

For the people unbothered by this - you are not allowed to attach things to your neighbours fence without their permission!

Actually, you're wrong, legally they DO get to dictate that the neighbours do not attach or paint their fence.

Presumably you asked them to contribute as the land registry shows it as a shared boundary. You purchasing the fence doesn’t change that so I reckon they can put whatever they want on it.

Sometimes, it’s just nice to be nice. Especially when, honestly, it’s no skin off your nose. Who in their right mind would think of spraying weed killer onto a neighbour’s tomato plants because they are being ‘supported’ by a boundary fence? Better to live your life happy, spread happiness where you can and avoid insane rabbit holes.

Retaining wall?

do you mean boundary wall?

When you say leaning poles, you mean the bamboo stick things?

Why do you care if they grow a few tomatoes ? Chill. There is more to life than this

People can quote the law but honestly- unless you are planning to sue them or privately prosecute them it’s not going to help. Neighbourly relations are important and disputes escalate very quickly- honestly some would see you as being the cause of this one- so I would leave well alone

We've had this, we had to replace our boundary fence on the right hand side of our garden even though the deeds showed that it was the neighbours responsibility. We just got sick of looking at a rotting fence. Cost us nearly £6k and I did have words when they started nailing trellis to attach plants to it. If they thought we were replacing it again, they had another thing coming.

Your have a legal right to maintain your property which includes your fence. They have to allow you access to paint etc. In my last house we got fed up with this and erected a trellis with space for a slim man to get between. We grew roses up our trellis. Our present lovely neighbours give us a pot of paint and we paint the back of the fence. We chose the colour and cut back our plants. Its debatable that plants may weatherproof the fence or not but they certaintly cant put a nail into the panels.

Fuck that - get your stuff off my fence!

At least it's not Ivy! We replaced fences ten years ago, then neighbour decided ivy would be a fantastic idea. Had to replace them yet again but I forced them to pay for it due to the ivy.

Legally, they may. But legal risk is not the only consideration here! As others have said, being prescriptive and petty about this issue risks damaging neighbourly relations very quickly, which is nearly always unwise.

@crunchiestyou said legally, responsibility was a grey area. Did you seek legal advice, or are you lawyers with capacity to research these matters? If the arguments were more in favour of paying for the boundary fence being your responsibility, I wouldn’t even have asked them to contribute TBH.

The retaining wall was legally a shared expense, but they refused. That was by far more costly than the fence. I had a lawyer look at it. Ultimately the choice was stick to my guns and not repair the wall (and risk our house falling down on theirs) or suck it up and repair the whole in the spirit of not getting into a fight with our neighbours. It’s interesting to hear everyone’s perspective on this. I think it’s a bit rich of the neighbours to state it’s not their problem when it’s time to repair, but it’s their fence when they have vines growing on there.