Neighbour has ruined my brand new fence

[livilou]

Hi,
Can anyone advise me on the best course of action, I have just purchased and had erected a brand new fence complete with concrete posts and bottom plinths. The fence is on my side that I am responsible for and also completely on my property. It is a very good quality fencing and has been pre treated with wood preserver and guaranteed against rot for 15 years, anyway.. I have noticed today from my side GREEN streaks down my concrete plinths from where my neighbour has painted his side of MY NEW FENCE with green paint. I put my head over the fence and he has also painted the concrete posts and the concrete plinth his side green! Can he do this? He didn't even have the decency to ask my permission?? It looks an absolute eyesore. The idea of having slot in panels is it makes them easier to paint. What would you do? Any advice would be greatfully received.

[sense4all]

Go to gardenlaw.co.uk
the discussion section, for fences - and read the very interesting answer to ' can my neighbour do what they want to my fence? '

Please do remember that it is easy for neighbour disputes to get toxic very quickly when making your decision on how to approach the problem. Are you prepared to move over it.

[livilou]

Thanks for that. I'm really easy going and hate any trouble and they are an old couple, I just wish he had asked me first. I would not have dared touched someone elses new fence! I just don't know what to do, something has to be done though as its made a real mess!

[frodsham]

HI Livilou
My wife and I ordered new fences and had to ask a neighbour to go halves even though technically they were on his side.
Yesterday my wife, bless her, painted his side of the fence as the lazy so and so would never had put a brush on if she had not. I suppose at least you have someone maintaining them even though they are a garish colour.
I do honestly think that if the other side of the fence is on another persons side, as it obviously has to be, then that person has certain rights. I know it's a pain, but at least it is some kind of preservative.

[LBerry]

Wouldn't be surprised to find that your elderly neighbour had no idea of the implications of his actions. If you speak to him calmly about it, and show him your side of your fence (even though by law you own both sides of it), he will be aplogogetic. Would suggest you paint your side a brown colour, covering up his green streaks. And remember; Worse things happen at sea.

[Twenty20]

No, frodsham youre wrong. Just because a neighbour can 'see' the other side of your fence doesnt mean they can do whatever they want with it. It comes down to who owns the fence, not who can see it. If the neighbour wanted a green fence they should have put one up in green on their own land.

[livilou]

Thank you very much for those who have taken time to reply. I have really looked into it and the law seems to be that if the fence was paid by myself only, they are not allowed to touch it! If only he had asked. We got the concrete and panels so you can actually take the panels out to treat! I would advise anyone buying an expensive new fence to clearly inform your neighbours before hand that they are not to paint it! Lesson learnt.

[Panic Button]

If the streaks you can see are just on your concrete plinths, then you should be able to remove them with a bit of work. Perhaps a wire brush or sandpaper. Although the abrasions will show for a while, they will weather in quite quickly.

Streaks on the wood may be a bit harder to disguise, but I'm sure it can be done.

Why should you care what it looks like on his side? It won't have caused any structural damage or shorten the life of the fence.

There are far more troublesome things happening in this world, so don't let this knot you up. Just laugh.

[livilou]

I care because I have just paid for top notch fencing that cost �3,000 (I have a big garden) It has been fully treated and has a 15 year guarantee against rot - invalid if treated or painted!! It looked great as it was. Basically - the rule is DONT TOUCH WHAT IS NOT YOURS!