Neighbour painted our fence

[pinkjessie]

Our Neighbour has painted our fence on their side - which is absolutely fine but they have also done the posts on our side and its black! Looks awful from our side. Advice on what to do/say to them. We put the fence in before they moved in. (Looks worse in real life the contrast to the natural wood and black paint).

Legally you are incorrect and @SleepingisanArt is quite right.

Unless the neighbours share the boundary, which is very rare, one neighbour owns a boundary. That person then erects a structure on their land and
as Sleeping days even attaching something to it needs permission ( the fact that people rarely do this is irrelevant )
If a neighbour doesnt like the fence, design, height whatever there is nothing stopping them putting a fence on their own land of course.
But they can’t remove, adapt, raise the ht etc of a boundary structure which isn’t on their land and doesn’t belong to them

What is important to remember is that a boundary structure / fence does not straddle two peoples land. It sits only on the owners land.
A party wall is different and the centreline of the party wall defines the boundary line. You are mixing up party walls and boundary walls.

Unless land registry has dimensions ( or a boundary surveyors report ) to identify the exact location of a boundary all owners are aware of in most cases is who owns the boundary by the T mark. If you have the T mark you own the boundary structure on that boundary. That’s all of the boundary structure

I really don’t think you know the first thing about cases like these

Exactly

Honestly @Someone2025 your information is wrong

I deal with this issue as an Architect all the time

🤣🤣👏👏

That’s because you can’t accept you are wrong. It’s an ego thing. I can’t really help you with that.

Oh, I missed this! 🤣

Completely incorrect

If the fence is built on the boundary then the neighbour has a say on what happens on their side as half the fence is built on their property …..you disagree with that?!

The fence was there when the neighbours bought the property, if it was built on the boundary then the side of the fence that is on their property is what they paid for

If the fence was not built on the boundary then it is a different story

If it is built on the boundary and they can’t come to an agreement through friendly discussion then a party wall agreement needs to be made

As mentioned earlier, I was really shocked to learn that we should have asked permission before painting our side of the garden wall because it had originally been built by the neighbours. I just thought our side was our side. It doesn't work that way.

We have been much more careful since.

Mind you, the neighbour did comment recently that if any climbing roses etc overhang onto his side, he'll cut them down. Bang goes me fondly imagining that we were brightening both gardens to everyone's delight! 😬

I have no idea why you think this.

Or where you get this idea from but Its wrong

The person who owns the boundary owns the structure on it because that boundary line is within their ownership ie their land.
It does not straddle the neighbours land because that would be trespass and illegal

You are wrong and I think getting confused with party walls

There is that beachtastic and what someone considers beautiful is another person’s annoyance. Such is life. Personally I love growing things and wish we could all live so harmoniously when it comes to nature but here we are.

Jesus, I have said this more than a few times now, it entirely depends on what line the wall was built, which the OP hasn’t clarified.
If the boundary wall is built on the boundary, it is considered a party wall / party structure

I would be annoyed too. More because it is your fence and they are not allowed to paint their side without your permission. What they could legally do without permission is to put their own fence/trellis up on their side and paint that or plant a bush. I would say something but what you want them to do about it I’m not sure. Paint over it in a colour closer to the natural/green wood?

Paint yours black - I think it’ll look better.

The OP has stated it’s their fence therefore to be their fence it’s on their boundary and their land.

Of note landregistry have no information on the exact location of a boundary line as their LRplans do not define that. Only a boundary report or dimensions on land registry drgs give that level of information. So if you buy a property and own the T all of the structure is yours. If you don’t own the T all of the structure is your neighbours.

I think enough people have pointed out your mistake here and I’m sure OP won’t be confused by it….hopefully

OP has not confirmed that it was entirely built on their side, boundary walls in towns / cities are normally built on the boundary line between two properties.

I have said on numerous occasions up thread it entirely depends on where the wall is built,
If the OP removed a boundary wall ( fence/ structure ) and built a wall entirely on their property then had they permission to remove a wall that didn’t entirely belong to them? Did the previous neighbours agree to this

Quite a lot questions on this that would need to be clarified

By the way, I’m also an Architect MRIAI

Are you not talking about painting a fence now then because that is what this whole thread is about.

Why don’t you start your own thread?

What rights they have depend on the exact location of the fence, this needs to be confirmed by the OP before rights are established

You have continued to change your language all the way through this thread. I don’t know what your problem is but you certainly have one.

I’m out.

That’s a party wall.

Not a boundary fence as is OPs case.
You are confusing the two and grasping at straws

( Since you say you are an Irish Architect it must be different over there. )
Here a T and boundary structure define ownership. they literally are all people have to tell them what defines their boundaries. LR plans do not give dimensioned land ownership. Land ownership is identified in its entirety by the existence of posts at the least or structures on the boundary. ( unless there’s a boundary report which is vanishingly rare )
OP said it’s their fence so on their land
OP did not say it’s a party wall,

Im done

There’s so much ignorance about wood! Painting it just means you have to keep painting forever.

Tannelised wood is faintly green, doesn’t rot, doesn’t need painting.

Far better to let wood age naturally than to be painting and staining it. Paint is tasteless.

Your are basing your opinion on very sketchy information, which is never a wise thing to do, also the OP has not confirmed what country she is located in.

There is a lot you are not taking into account here.

I’m entirely correct in saying what I have said numerous times up thread, the exact location of the fence will determine rights.

😂😂

If you don’t like your neighbour’s fence, build your own. Do not for one minute think you get to change it, just because it’s in your eye line.