Garden Fence Restrictions

[Chasingcars]

Our neighbour owners the ence we shar at front of our property. It's a waist height Post and rail fence.
I understand that as it's their fence they own and maintain it and can attach things to it.
Came home the other day and my neighbour has wrapped (best word I can think of!) some kind of green mesh around it...in so far he has attached on our side so we can no longer see fence. I'm not actually sure what it's for and to be honest not that worried but just looks a little unsightly.
Am I right in thinking if they want to attach something it should be done on their side?
And also they did this without asking and came onto our property to staple this mesh onto the posts when we were out. This has now been updated to a black mesh again out on when we were out.
Unfortunately we don't have the best relationship after we did some building work last year and they choose not to speak to us.
Don't really mind if they want to attach something but done want to look at a wrap of plastic if I don't have to!
Thoughts welcome, thanks

[Chasingcars]

Apologies for typos..
Should read, my neighbour owns the fence we share

[AuntLydia]

How can someone own something that is shared? Its either his or yours. . If he is coming onto your property without permission he is trespassing. Falling out with neighbours is a nightmare and I would advise a friendly approach first, before pointing out he is trespassing. The only thing I can think of is that he is going to grow something up the fence but he categorically cannot plant anything up against the fence on your side. You have every right to erect a second fence up against 'his' fence as long as you do not use the original fence posts

[spathiphyllum]

Does he have pets?

[woofgang]

They can attach it on your side, its their fence. Trespass is a difficult one....number one its civil not criminal so an expensive amusement, and number two if you didn't see them you would have to prove they trespassed and didn't, for example lean over the fence from their side. Additionally when you come to sell you may be asked to declare any problems you have had with neighbours and that can affect sale big time. My advice would be to maintain the moral high ground and live with it.

[Chasingcars]

AuntLydia - to clarify, 'share' as in so far it sits between both our properties.
Spathiphyllum, yes he has dogs. I did wonder about this tho the mesh doesn't have much strength to it if he was using it to keep dogs in however they are always on leads.
Woofgang, yes agree we don't have video evidence of them doing it but by nature of how and where it's been attached it could really have only been done from our side. For example it's too higher fence to lean over and then affix at the bottom.

It's frustrating as we had our garden landscaped recently and almost daily he would come over and raise things that were not really issues (example mud on road which we said we would jet wash)
I had this daily for almost 3weeks and he was quite rude on occasions. Just another annoyance, part of me feels they just want a reaction as they have nothing better to do...

[bhg481]

Bearing in mind what woolfie says, you could ask him why he fastened it to your side of the fence. He might have a perfectly good reason but if he says it wasn't him you can just cut it down and bin it.

[Baldric]

// They can attach it on your side, its their fence //

No they can't. We own the fence between our garden and a neighbours at one side of our property, that does not give me any rights to enter their property and attach things to it, nor would I expect the neighbour the other side of our property to come 'round and attach things just because he owns that fence.

[Flonska]

You may wish to check if your neighbour has an easement over your property to "maintain" or "repair" the fence on your side.

http://www.boundary-problems.co.uk/boundary-problems/easements.html

If he has, then he has the right to access.

In addition, as it is not your fence, then ,unless your neighbour agrees, you cannot: paint, stain or varnish your neighbour's fence to make it a more attractive colour;
affix close boards or panels to your face of the fence in order to conceal the support rails;
attach trellis or some other system to support plants that you wish to grow up your side of your neighbour's fence.

What you can do is:
plant free standing shrubs or a hedge to conceal the fence from your view;
erect your own fence alongside your neighbour's fence.

http://www.boundary-problems.co.uk/boundary-problems/fences.html

[woofgang]

Baldric, I was not talking about the access issue but the whether he can attach issue.

[woofgang]

bhg, even if he does say it wasn't him who put up the mesh, that does not permit you to touch or alter his fence. He can remove it if he didn't put it there, you cannot without his permission.

[Baldric]

The answer is still No he can't, not on your side of the fence.

[woofgang]

very seriously Chasingcars, if they are looking for a reaction don't give them one.

[Peter Pedant]

// How can someone own something that is shared? //
easy English law takes this sort of thing into account

The rest of it is good advice - for gods sake do not get into a neighbour fence dispute.
https://www.thetimes.co.uk/article/trimming-a-neighbour-s-hedge-costs-couple-20k-87p7hj898

you are talking about plazzy netty stuff arent you ?
"and they choose not to speak to us. "
good - - - do the same

if you think they are trespassing get CCTV but really there isnt much money in it - liability for trespass with no damage

There is a 1997 act to cover this
but I cant remember the details - I think they have to give notice

honestly ignore it- much cheaper in the long run

( I know you are gonna say " this is DISGRACEFUL ! they are coming onto my property and treading the daisies and grass - and frightening the dogs if I had any etc etc )

I dont think you can cut your side of the plazzy off - I think it is part of the fence. Please dont tell us what happens unless your legal bills go above £30 000.

[Peter Pedant]

// My advice would be to maintain the moral high ground and live with it.//

best advice - give him a star for his frij

// Baldric, I was not talking about the access issue but the whether he can attach issue.//
I think he can access under the 1997 act with notice
attachment - we arent talking about searchlights on your side
we talking about netty stuff arent we?

the advice you are getting here is of variable quality

[woofgang]

PP lovely comment about my comment except I am a "her" not a "him"

[Peter Pedant]

oops sorry - the quality of your advice is not gender specific

[tamborine]

As PP says avoid legal & Courts, that could cost your house. Plant conifers or thorny berberis to restrict access.

[woofgang]

PP I love you :)

[Chasingcars]

Thanks all for advice.
I don't have any intention of doing anything about it from a legal point of view. Agree costly and waste of time. It was more for my own knowledge really.
The last few weeks I've taken a bit of a verbal battering most days from them regarding the work to our garden so I wanted to know despite my neighbours moans about everything I'm doing 'wrong', maybe it's actually them who are in the wrong here..
I shall rise above it :)