Urgent advice Re fence legalities please

[Dazza]

Ok guys, really need some advice please...

My neighbour is complete kunt, and we've had various run ins, with him constantly verbally abusing and using threatening behaviour against us, but more so against my wife, because he sees her as an easy target and he knows I won't put up with it. We wish we'd never moved here because of the hassle, but thems the breaks, its too late now.

Anyway, that's the background.

Last week he left a note in our door saying he wanted to paint our side of the fence he erected before we moved in. I sent a note back in to him saying no, thank you anyway, but we will do it ourselves.

Today, I get another note, saying it's his property (fence) and he wants access to paint it, and he will proceed next week with the job.

I always understood, it doesn't matter who erected (or owns) the fence, it's your responsibility to paint the side on your property? (Unless mutually agreed, obviously.)

Before I send another refusal, can I just get confirmation that I do not have to allow him to paint our side of the fence...?

Any tips on what to say, and what to quote would also be appreciated. (Assuming I am correct!)

:Cheers:

 

[IANB]

Ok guys, really need some advice please...

My neighbour is complete kunt, and we've had various run ins, with him constantly verbally abusing and using threatening behaviour against us, but more so against my wife, because he sees her as an easy target and he knows I won't put up with it. We wish we'd never moved here because of the hassle, but thems the breaks, its too late now.

Anyway, that's the background.

Last week he left a note in our door saying he wanted to paint our side of the fence he erected before we moved in. I sent a note back in to him saying no, thank you anyway, but we will do it ourselves.

Today, I get another note, saying it's his property (fence) and he wants access to paint it, and he will proceed next week with the job.

I always understood, it doesn't matter who erected (or owns) the fence, it's your responsibility to paint the side on your property? (Unless mutually agreed, obviously.)

Before I send another refusal, can I just get confirmation that I do not have to allow him to paint our side of the fence...?

Any tips on what to say, and what to quote would also be appreciated. (Assuming I am correct!)

:Cheers:

If its not in the deeds that he has right of access then tell him to fook of as he will be trespassing and if he comes onto your property you will get the police to remove him. If he tries to paint the fence get the garden hose out and soak it

 

[Purity]

You need to look at the documentation the solicitor did for you when you moved into the house, there should be a picture of the boundaries of the house and an indication who "owns" what fences etc.

If you can't find the info, drop your solicitor an email or phone him up and ask him to check it. Hopefully he won't charge you

 

[bash213001]

never mind who's fence it is,your side is upto you,paint sky blue pink wiff yellow dots if ya want m8,he needs your permission to access any of it,like tree cuttings you can cut anything over your side of the fence, but you must pass the cuttings back,not your property you see,hope this helps.

 

[NoodlesJoe]

He Has No Right At All To Be On YourSide Of The Fence....And as for painting it No Way... Just :Chainsaw: It LOL.
But He Has No Rights At All When It Comes To Yourside Ok.
You Might As Well Give Him Your Choice Of Paint And Say Here Ya Go Thats The Colour I Wont On My Side...Knock Yaself Out Painting Cheers.​

 

[davidh]

say ok the fence is urs
lift it paint it then put it back but u wont have acess to it on my property

 

[hackmax]

say ok the fence is urs
lift it paint it then put it back but u wont have acess to it on my property

There is some legal requierment to allow them access to perform maintenance to his property that he could not do without access - but this should be on urgent/serious problems.

Unless otherwise stated, you are responsible for your side of the fence on each side. Do not give him access to paint it as he could paint it any silly colour.

The key here is where the fence is located. If it's his fence it should be located on HIS property entierly. If you all agree it's his fence and it's on the boundry then you can ask him to move it.

If he agrees it's half yours then he has no right to paint your side.

 

[hatab]

its not as easy as saying he cant come on to your property, or you have no right of access as some have helpfully said.

the bit of law is in the "party wall act" of 1996 which includes buildings, walls, fences and boundaries and its not as straight forward as you might think.

whilst your neighbours cant just march into your property any time to inspect or carry out work. They are or their designated representatives are if they follow the rules allowed to perform "maintenance and repairs" if they have given you the necessary notice.

Your local planning office at the local council should have a booklet that describes many situations and what you can and cant do.

 

[Spectre]

I'm a reasonably awkward person; I'd erect a fence leaving a half-inch gap facing his .

Give him a radiator brush to paint it.

 

[davidh]

paint ur side with engine oil the fooker wont be able to paint it then

 

[hawkish]

booby trap the garden

 

[bouchay]

I had a run in with my neighbour, and the police was eventyully called. They said that they can't do anything unless the neighbour actually breaks the law. If your deeds states that they have access though your garden, that is all they are allowed to do is walk through. ANYTHING else must have the permission of the owner. So tell him to ram the paint brush up his ass and come back and ask again, at leat that way you'll have a laugh about it.roud:

 

[hackmax]

its not as easy as saying he cant come on to your property, or you have no right of access as some have helpfully said.

the bit of law is in the "party wall act" of 1996 which includes buildings, walls, fences and boundaries and its not as straight forward as you might think.

whilst your neighbours cant just march into your property any time to inspect or carry out work. They are or their designated representatives are if they follow the rules allowed to perform "maintenance and repairs" if they have given you the necessary notice.

Your local planning office at the local council should have a booklet that describes many situations and what you can and cant do.

Hence my point above. I would first look at your deeds and the exact placement of the fence. If it's joint responsibility then he has no right to paint your side.

If the fence is his property then pull it up and toss it onto his land. Tell him he can put it back up entierly on his side. If you cannot have say over the state of your side then you don't give permission for him to have HIS fence on YOUR land.

 

[IANB]

maybe a compromise would be for you to tell him you will paint the side that is on your land then thats it sorted.

 

[Dazza]

maybe a compromise would be for you to tell him you will paint the side that is on your land then thats it sorted.

I've done that mate, in the letter last week I passed in, I said thank you, but we will paint it ourselves...

I should have said earlier, it's a council house, so no deeds available. (I think that is what his problem with us, virtually every house on the street is private now, except for a handful, and he thinks we're council estate trash! I'm not, I just won't be bullied by him and his mate re parking, which is why he now hates us.)

I guess I'll have to ring the council in the morning and get the low down and see what they say, and maybe pop down the CAB for good measure.

Why is life always such a fecking pain in the arse... I'm so fecking tired of it all. We just want a quiet life to bring up the boy in a nice family home, and yet some shit can take against you and make your life crap. Even my wee fella asked us at tea time, "why can't we move away from the nasty people". He's only four FFS.

 

[Exclusive]

You might as well let him paint the fence, saves you time, money and aches and pains.

then if you dont like the colour, then think about painting it your self

 

[bro]

what type of fence is it,,can you not turn the panels round when he is out

 

[hackmax]

I've done that mate, in the letter last week I passed in, I said thank you, but we will paint it ourselves...

I should have said earlier, it's a council house, so no deeds available. (I think that is what his problem with us, virtually every house on the street is private now, except for a handful, and he thinks we're council estate trash! I'm not, I just won't be bullied by him and his mate re parking, which is why he now hates us.)

I guess I'll have to ring the council in the morning and get the low down and see what they say, and maybe pop down the CAB for good measure.

Why is life always such a fecking pain in the arse... I'm so fecking tired of it all. We just want a quiet life to bring up the boy in a nice family home, and yet some shit can take against you and make your life crap. Even my wee fella asked us at tea time, "why can't we move away from the nasty people". He's only four FFS.

Does not matter if it's private or council

His fence = Should be on his land
Shared fence = on boarder and it's your responsibility.

Tell him to get fucked. If he then proves it's his fence then rip the panels out and toss them onto his garden and tell him where he can stick it (err on his land !)

 

[Dazza]

You might as well let him paint the fence, saves you time, money and aches and pains.

then if you dont like the colour, then think about painting it your self

I know you're probably right mate, but WTF should I? They have been nothing but bastards to us since we moved in. We have done nothing, except not be dictated to about where we should park. He constantly hurls abuse at my missus, who invariably has the wee man in tow. He never says feck all to me, but waits for her...

If we were bad neighbours, I'd understand it, but we're genuinely not. I'm perfectly entitled to park outside MY drive, I do not have to use the bloody thing. What business is it of theirs anyway? (This is all it stems from.)

what type of fence is it,,can you not turn the panels round when he is out

Cheap B&Q 3ft panels. I can't change them mate, I have severe health issues and he knows there is nothing I can physically do.

Does not matter if it's private or council

His fence = Should be on his land
Shared fence = on boarder and it's your responsibility.

Tell him to get fucked. If he then proves it's his fence then rip the panels out and toss them onto his garden and tell him where he can stick it (err on his land !)

Thanks HackMax, much appreciated. I'll draw up a letter in a minute saying what you've pointed out... I'll still ring the Council in the morning though, just to be safe.

 

[dogtoffee]

why dont you let him it would save you the haasil