Painting fence

[TheHalcyonYears]

Hi we have a fence question, our neighbours erected a fence between our boundaries prior to us moving in (3 years ago). The gardens are quite long but the fence starts on our side as they have a rear extension and the fence starts against the side of that (it’s also more towards our side when looking at the rear windows)

We have painted our side but they are now saying we shouldn’t have and asking us to sand it back. We have tried to reason with them to come up with alternative solutions but they aren’t interested. Also their garden is very over grown and so they can’t see the fence where as ours is completely open with not shrubbery and so the fence is very visible.

We haven’t sanded it back and so now they’ve started electric sanding in the bedrooms that back on to our children’s rooms as 8pm just to be annoying!🙈

We really don’t want a row and so just want to know where we stand. If the fence is clearly on our boundary, can we paint our side even though they paid for it? (I understand it would be different if it was on the Boundary but it isn’t?

Feeling stressed and thanks in advance

No.
If it is their fence you are not allowed to paint it without their permission. You should have sanded it back when they asked you to.

www.problemneighbours.co.uk/boundary-disputes-questions.html

Even though it’s on our land? We’ve offered to put a new fence up on the inside of theirs but would need them to move their fence back onto their boundary to enable us to do that as otherwise the new fence would jut put into our garden beyond the line of our patio?

I'm assuming they can't actually see your side of the fence?
I'd ask them to relocate the fence to their side of the boundary.

The fence isn't on the boundary?

Thank you for that link, I’d already read that but as I said the fence is on our side of the boundary.. also the deeds are silent on the issue so unsure who is responsible for it

Ask as in tell

Even though it’s on our land?

The snarky part of me would Agree to sand it back when they move it onto their land.

I'd tell them that if they're going to insist on it being sanded back then you're going to insist they move it to their side of the boundary line.

If they’ve put the fence up entire wit in your garden you can do what the hell you like with it - including taking it down and putting up your own fence.

Don’t let these people push you around. Malicious sanding would lead to malicious techno being played right back at them.

It's still their fence even though it's on your land. You could ask them to move it over, but if they say no it would be very difficult to prove that it's your land as deeds allow for some tolerance and it really wouldn't be worth getting legal over it.

Just leave it as it is, all they could do would be to remove it and they probably don't want to.

How much is it worth to you? If it is a few inches, a dispute may make your property harder to sell if you want to sell first. First, you'd have to be sure it is on your property. If so, they really pulled a fast one.

If you are adamant that it is on your property, and decide to make a fuss, tell them to put it on their own property. Unfortunately, I think even if it is on your land, you shouldn't do anything to the fence if it is their property. If you don't need to sell before them, and want to bring all that hassle on yourself, just say they need to move it back and then you'll sand it. Do the people who sold you the house know anything about the boundary or where the previous fence was? It is good it is only there 3 years vis a vis squatting etc.

If you think the few inches aren't a problem for you and want to avoid any boundary issues, just sand it and put your own one within a mm of theirs. Make yours so you can slide the panels up to remove them for ease of maintenance for you. Does their extension's gutter overhang your property even further than the fence?

Surely a solicitor can instruct them to remove their fence from your land or enable you to and drop it into their garden? Put up your own fence on your land...

Honestly what a pair of petty twats your neighbours are.

Tell them to move it back and you want it off your land and then you’ll do it and not a moment before.

God some people.

They may be making such a big deal as territory marking the fence which they knew was beyond their land when they put it in. If they put it in when the house was for sale or empty, they were quite sneaky as they knew the vendor wouldn't want to open a boundary dispute.

I'd put something along the boundary so they can't move it a mm more. Are you a semi d or terraced? Is that how you are so sure it starts from the wrong place and not from their side of the party wall?