Garden fences

[licopop]

My neighbour has put up a fence between our properties. He says we cannot paint it to match the fences on the other two sides of the garden unless he gives permission and then only if we paint it the colour HE wants (his side is green - the rest of our fences are chestnut) What are the legal rights for this?

[Loosehead]

You can paint the fence, he's talking b0llocks.

[Ethel]

His fence, his say.

If you wanted to paint the fence to match, you should have spoken to your neighbour and gone halves on the cost.

Look at the deeds - if it is a party fence you have equal responsibility and each can do as he likes on his own side.

If it is entirely his, you cannot attach anything to the fence such as climbing plants either.

An option for you is to put your own fence in alongside his.

[burnhal]

I didnt believe it- but having a general trawl thru the net seems to indicate that it if it his fence he can refuse to let you paint it, hang anything from it or whatever. That is assuming it is his fence- the deeds should indicate whose boundary is whose. Think I would be inclined to put another fence up as near to his as poss and paint that! The law seems to be a bit of an ass in this instance

[burnhal]

sorry- ethel- for some reason your reply didnt appear before I put mine up- your reply is much more erudite than mine!

[licopop]

We are in council property - the neighbour bought his. We were never asked to contribute as the fence was put up just after we moved in.

He now says that he needs to come onto our garden to do maintenance (it looks fine to us) and will paint the fence (presumably to match the other side). We gave permission for them to come onto our garden to put the fence up originally and they came in through the fencing. If we refuse permission to come into our garden (and I don't want to fall out with anyone because of this) I feel that they will come in via the fence anyway.....

We're trying to get the house and garden tidy (it was disgusting before we moved in) and would love to get this sorted amicably.

[Ethel]

licopop - ask to see his deeds. He will have them - if the arrow goes from the fence into his garden then it is his sole responsibility, his fence and his decision as to how it is painted,

He will have right of access (by arrangement) to maintain it.

If the arrows are pointing into YOUR garden, the reverse applies and it is the council's responsibility (maybe yours, depending on the terms of the tenancy).

If the arrows are pointing BOTH ways, it is a party fence.

If it IS a party fence, it is difficult as yours is council housing - the council cannot be expected to pay half of a very expensive fence - but his choice should be entirely on HIS side, not down the middle

[Postdog]

Just as an addition to this, many years ago, I had an apple tree near the fence at the end of the garden which was growing at a slant. "I know" i thought "I'll tie it to the fence with a tight bit of rope, and that might halt it". So I did, though the bit at the fence was only hooked on, not permanent. and the fence was not damaged in any way.
Well it kept coming off, and I just assumed it was an accident or something, so one day I went down to tie it again. only to get stopped by ny neighbour. He took offence (pardon the expression) at my doing that. I just carried on, and the next thing I knew he had called the police, and I ended up with a caution.

[Loosehead]

Ragarldess of who's fence it is , just bloody paint it the colour you want and don't give them access.