Neighbours Fence and Creosote

[ljane74]

My parents are currently having a fair few disagreements with the neighbour with adjoining gardens.  We think the fence belongs to the neighbour. What he has done is to creosote just one panel of fence on my parents side (He's not done his own side). Reason he has used Creosote is because he knows it will kill off any of my parents plants that are next to the fence. Is there anything my parents can do to stop him doing the rest of the fence else they'll have no live plants left in the garden.

[Cyril]

Hi if you go to

]http://www.odpm.gov.uk/stellent/groups/odpm_urbanpolicy/ documents/page/odpm_urbpol_037696.pdf

And you will find the Goverment advice and law

High Hedges Complaints:
Prevention and Cure

[spudqueen]

You do need to check the deed to find out whose fence it is, a the boundaries do vary from house to house. However, I would have thought that the neighbour would have needed permission to go on your parents land to creosote the fence panel. Why don't your parents paint their side of the fence so that they can say that there's no need for their neighbour to do their side of the fence.

[zmudge]

Firstly, if your parents property is Registered at the Land Registry click here and follow the instructions to see both the Register and the Plan which may indicate whose fence it is. Should nothing be indicated then it belongs to whoever put it there. Secondly, the use of creosote has been totally banned in the UK for some time now because it is carciogenic.All stocks should long since have been destroyed. If in fact he is using creosote kick up a fuss including considering whether to call in the Enviromental Health Officer. However, an approved product called creocote now replaces creosote, so make sure you what it is he is actually using. Thirdly, without going into it all the neighbour can obtain legal permission to enter your parents side to maintain his fence (if it is his). Also technically your parents should not be growing anything to touch his fence. I know, I know, but that is the legal position. The best ending (if it is his fence) is for your parents just to place some plastic sheeting over their plants for temporary protection, pull them away from the fence, and then let the neighbour finish the job. Of course, if it is not his fence then your parents might wish to enter the neighbours side and return the favour by painting that side purple ! 

[twiglet4frog]

could your parents not buy some nice wooden trellis and place it right up but not touching the fence as there own boundary and can also have climbing plants grow up. would looke a lot nice than some horrible fence that belongs to the neighbour and it would stop your neighbour coming around because whether he is allowed on your parents land or not he isnt allowed to tamper or damage any property such as removing your parents trellice to get to his fence, he would be expected to remove the fence from his side and paint it before replacing it

[ljane74]

Thanks for your replies.  My brother works in a DIY shop and he definitely thinks it is Creosote as it has the smell.  Whereas he says the new safe version that is legal does not have a smell.  But my mum is a bit iffy about reporting him for it as it may cause more trouble than it is worth,  Neighbour did not need to trespass as they just lifted the panels from the posts.  My mum has got all sorts of plans for the garden and while neighbours were watching she was measuring, etc and i think has now got them quite worried as they are thinking all sorts about what my parents are planning to do.