Neighbour ruined our fence...

[Scottishgirl85]

Our neighbour has painted their side of our fence, and it has seeped through to our side... As you can see, it looks ridiculous! This affects about 50foot, but we have about 150foot more of the same fence around other parts of our garden. It's a very open garden so I think we'll need to paint the whole lot. I could cry, we're busy working parents with young children so could really do without this. Do you think neighbour should offer to compensate us? Will be speaking to them tomorrow...

I’ve never in my life heard of anyone giving themselves the “good” side! 😮

It’s not even being a martyr, I just wouldn’t want it to look weird and backward from the street.

If you Google it, engine oil is actually used on fences and decks often, at least in the US it is. It preserves them. But you shouldn’t put it on a fence that isn’t yours!

ugh OP I so feel for you, we’ve had so much drama with a neighbor over a boundary line that it’s just ridiculous. I hope you can come to a resolution soon.

The old codger who told me about the days when engine oil was used, told me it was diluted with paraffin.

All the best op

There are two separate issues here, and sounds like your neighbour is using/creating one to affect the other.

The first is that your neighbour has damaged your fence. The evidence is clear and they have admitted it. It isn't criminal damage as there was no intent, but it was clearly their negligence. They are responsible for correcting it and that means putting it back how it was before, which in reality means new panels given you don't wish to paint engine oil on the remaining.

The second aspect is the claims re the boundary. How long has the boundary been in place. That is relevant in respect of adverse possession www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

The other aspect is what evidence is there that the boundary is incorrect. What is registered at the land registry? Ultimately they would be very foolish to start a legal argument over a boundary without very good evidence. Lawyers at £350 per hour plus + vat will soon burn through tens of thousands of pounds. You may have defensive legal insurance as well which may assist you in defending a claim.

It sounds like they are using this claim to negate putting the fence right. However, if they refuse, I suggest you write formally or email them setting out your claim. Ie what has occurred, summary discussions or emails you have between you and what it is going to cost you to out it right (attached a quote). If they don't respond or refuse, then visit the County Court Small Claims Website and issue a letter before claim to them which is the start of the legal process. You don't need a lawyer, it is simple to manage it yourself with just a fee to apply to the court. A judge will ultimately decide on the balance of probabilities who is responsible and liable

How weird painting a fence with engine oil I wonder if they knew why the decorator was using before you came round to complain.

It's usually used to make it more water resistant

Citation needed, I don’t know anyone with a painted fence but I can’t say “most people don’t paint them” any more than you can say “most people do”. Looking unfinished is your subjective opinion; personally I prefer an unpainted fence left to weather naturally. And the OP doesn’t want to paint hers!

Plus: it was not theirs to paint. OP could have put up the cheapest fence in the world and it’s still not theirs to paint.

I’d be concerned with them using oil to paint the fence that it’s now a bit of a fire hazard. It’s not normal to do that surely, what on earth possessed them to

If be contacting your local council, environmental health department to find out whether what they've used is illegal (I think it is because creosote is now). Hell, maybe even the fire service to see if there's a potential fire risk.
I can't believe their stupidity using that. I'm not sure I believe they used a professional to do it as I don't believe a professional would paint using engine oil these days. It may be that the fence panels would need disposing of on a certain, and costly, way as they are now coated in a hazardous substance. That would be for your neighbour to pay for and I'm pretty sure your council could enforce this.
Previous suggestions of contacting your insurance of you have legal cover also worth considering.
I don't think just leaving it is an option.

There are two separate issues here, and sounds like your neighbour is using/creating one to affect the other.
@MarieG10 is correct.

Look at is as two issues.
They have damaged your fence you want it rectified.

If they want to dispute the boundaries let them do so at there expense.

Thank you for telling me about my address, doh! Luckily the house is unrecognisable now vs Google Street view which is about 10 years old! I've reported my post.

Here's text and modified pic again...

It was surveyed 2 years ago when we bought the land from a neighbour. We're the purple cross, oily neighbours are the blue cross. Turquoise line shows the extra land we bought at the end. The yellow line is the oiled fence. When we bought the extra land we fenced the back (replacing a dead hedge), joining panels at each end that the oily neighbours had fitted over 15 years ago. Oily neighbours now saying the end panels at each end were put in wrong place by their landscaper all those years ago..

Yes it is a one man band who painted it, no insurance etc...
The oily neighbours have convinced doddery neighbour to use him to paint theirs too, with same stuff!!! I'm going to have to intervene.
I've also contacted environmental health sbout any concerns they have...

if you don't own the fence then you are not allowed to paint it without permission from the owner. Paint doesn't seep through, it gets through knot holes and the gaps between the slats. My garden is surrounded by seven other gardens and none of their fences (I only own one short run of fencing) are painted and neither is mine.....basically you are talking bollocks.

Sorry if I missed this as I only read the OP posts. But to paint a fence with oil????. Why? I have never heard of that. Panels these days are treated anyway so don't need painting. And oil.....why???? Creosote was used years ago but not very regularly now.....never oil.

While this all sucks for you, I’m overjoyed that you’re referring to them as “oily neighbours”

Engine oil

If they want to reassess the boundary, they can pay for it and good luck to them. Won’t stop them whipping out that bit of ruined post and rail and replacing it though, will it? Seeing as it’s your fence and they’ve caused (arguably) criminal damage.

One thing is not linked to the other.

Even if the boundary is wrong you could still move the existing fence. Except you wouldn’t want to because they’ve ruined it. Like the idiots they are.

Good for you for reporting it. Can’t imagine how bad that must be for the environment!

I wonder where they got the idea from? It wouldn’t occur to me to use oil!

Are oily neighbours saying their own fencer put their own fence in the wrong place?
I feel this has the potential to get quite messy. Maybe an appointment with a solicitor to see what they suggest.
I too would be reporting someone for painting my fence with engine oil. Who does that!? Surely it would be toxic to and plants you have growing, let alone the risk to wildlife and kids touching the fence.

@longtompot yes, the neighbours have 1 fence panel at each end of the affected stretch. This was put in 15 years ago by them. When we bought the land, we removed a dead hedge with their permission and paid to join up their 2 fence panels, about 50 foot. They are now saying the fence line is wrong, but we simply joined the gap in the middle between their panels that they fitted. I can't imagine they'll take it further, it would be so expensive for the sake of a few inches, but nothing will surprise me now!
I think he thought he thought he could bully us/scare us off. We're 30 years younger than him and I'm only 5 foot tall. But I'm scottish and a force to be reckoned with!
Doddery neighbour has now agreed for him to paint her side as her compensation :-(

They probably used a cowboy handyman who suggested he paint using oil. Maybe someone who knocked on their door for business..

i agree - I hate this trendy need to paint fences odd colours. Natural wood is beautiful - and you can buy it already treated.

painting Someone else’s fence in engine oil is just wrong on so many levels. How dare they.

Doddery neighbour has now agreed for him to paint her side as her compensation :-(

Does doddery neighbour know it's engine oil?

I think if you can get her on your side, you'll stand a better chance of getting a satisfactory solution.