Charlottechicken Posted April 13, 2011 Share Posted April 13, 2011 (edited) I thought I would ask this on here as we are a very diverse range of folk with lots of knowledge The house next to me is rented and ever since I moved in 17 years ago I have replaced the fence, (twice actually, as it blew down in 2007), as previous to last year next door was empty and a mess. As far as I'm aware, the fence is on my land too, and the owner thinks it is my responsibility as it is to my right, his left. Anyway, new tenants are doing things to the garden, they are very young and have sky installed, drilled loads of holes for hanging baskets in the house, and now it looks like they are about to paint the fence. This is pointless as on their side my fence faces south so the sun will bleach the colour off in no time, but I will have a streaky mess on my side, which obviously I don't want. Added to the fact that the owner is using the fence as a retaining wall for his garden as he levelled the slope out by building a raised patio, and the foundations of one concrete post are completely exposed. Any idea where I stand on this? And what would you do? Is it worth a fuss? Edited April 13, 2011 by Guest Quote Link to comment Share on other sites More sharing options...
freddie Posted April 13, 2011 Share Posted April 13, 2011 Check your deeds, re ownership. It should be red on yr deeds if its yours, and the less attractive side will be facing you if its yours... Re painting, cant you talk to the neighbours, and make a plan re the colour etc? easier if you all rub along together! with ref to the exposed metpost, the owner of the property next door shouldn't be expecting the fence to support the weight of earth, as it'll rot and bust off in a short tiome. See if the fence is yours, and then prhaps have a chat with him, to try and work out an amicable plan. I rent out houses and try really hard to keep on the good side of the neighbours, as do my (long term) tenants, and all is calm , thank goodness. me and the offspring have spent the last two days painting 80m sq of fence at one of the rentals, so "fence" is a sore subject at the mo!!!Good luck, and smile lots!! Quote Link to comment Share on other sites More sharing options...
Charlottechicken Posted April 13, 2011 Author Share Posted April 13, 2011 Thanks for the reply Freddie. Unfortunately as the house is Victorian, there is no detailed plot in the deeds. Although the deeds do say any shared amenities are shared responsibility, this has not been the case as the house was rotting up to a few years ago and I have had to do all the shared maintenence myself. I even used to cut the front hedge (now ripped out) of the property. Local council plans from 1950 (ish) show my garden to be wider than next door but they are now the same width. After the fence blew over I had concrete posts and gravel boards, it is the gravel boards which are supporting the neighbouring garden. Because of having the chickens, I had slabs set into the ground under the gravel boards and this is the only thing stopping my garden slipping through to next door in one place. The paint is already bought, a dark brown (it is a big tub and on the table on the raised patio, which is how I know they are going to paint), my side is north facing and nice and mellow now, I really don't want dark! I don't think they realise the sun will bleach their side back in about six months There just doesn't seem to be any thought these days, they had a barbeque on Sunday, and lit it with accellerant, just six feet from my kitchen window Quote Link to comment Share on other sites More sharing options...
keyhole kate Posted April 13, 2011 Share Posted April 13, 2011 Being new and young your neighbours probably have no Idea that the fence belongs to anyone in particular to them it is probably just a fence but I understand perfectly where you are coming from I would point out politely that as they are new they are probably unaware that the fence is in fact yours. A fortnight ago we returned from holiday to find our neighbours of roughly 12 years have painted our fence on there side the darkest brown imaginable and we now get to look at the brown runs and streaks this also forces us to have the disgusting brown when we do our side I haven't tackled them yet as I am too cross and dont trust myself not to really let rip but I intend to they know the fence is ours as they got out chairs and watched it go up even asking the workman if we were trying to tell them something I wish they had asked me instead They make the Addams Family look normal I know it's only a fence but honestly what's next we come home to find our garage door painted a different colour as that's not to there taste I cant wait to sell, downsize and move Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted April 13, 2011 Share Posted April 13, 2011 Do you know the Landlords - maybe have a word as they might not want tenants to paint the fence either. Quote Link to comment Share on other sites More sharing options...
Clur Posted April 14, 2011 Share Posted April 14, 2011 I'm a bit confuddled! If they paint their side of the fence, why would you be able to see it? Is it because the colour will leak through any gaps onto your side? If it's any reassurance, our neighbours one side painted their side of the fence blue (!), the other neighbours painted their side a really dark brown; neither colour I'd choose for our garden. They were very careful and no colour came through our side (thankfully!). We ended up painting ours a reddy brown colour and need to do it again now, but without your post it would never have occurred to me that the paint would affect our neighbours. I'm sure your neighbours wouldn't have thought about how painting their side of the fence could affect your side, so I'd be inclined just to ask them to be careful and let you know when they are doing it so you can wipe off any stray marks that come through. Hopefully that way it won't be an issue Quote Link to comment Share on other sites More sharing options...
Leicester_H Posted April 14, 2011 Share Posted April 14, 2011 Unfortunately as the house is Victorian, there is no detailed plot in the deeds. Are you sure ? Our last house was a 200 year old terraced house - and the deeds indicated fence owenership ( fence had "T" marks - can't remember which end of "T" indicates ownership - but it was defined). H Quote Link to comment Share on other sites More sharing options...
rachel19 Posted April 14, 2011 Share Posted April 14, 2011 It is a difficult one - we've just painted our fence a dark brown as it was really faded. We don't own any of our fences according to the deeds of the house but no-one else is going to paint it so you don't have much of a choice really which makes it a difficult situation. I think I'd probably look at it from the perspective that they actually care about what their garden looks like which has to be better than it looking like a dumping ground. Quote Link to comment Share on other sites More sharing options...
SarahJo Posted April 14, 2011 Share Posted April 14, 2011 There is a web site called garden law - I had to use this when we replaced OUR fence and the cantankerous(sp) old lady next door was going to paint it and attach alsorts of trellis etc If the fence is definately yours - the neighbour is not allowed to paint or affix anything to that fence, wether or not it is on thier side. They are also not supposed to lean anything against the fence, and if damaged should replce the panel at their own cost. You will have to have a word with them and politely point this out - and explain your concerns. Quote Link to comment Share on other sites More sharing options...
rachel19 Posted April 14, 2011 Share Posted April 14, 2011 That just seems really bizarre to me - if you own say 1 out of 3 of the fences in your garden can you only paint one? Are you supposed to expect your neighbours to come and paint your fence for you in their choice of colour so you have multi-coloured fence panels? Thank god none of our neighbours would enforce this! Quote Link to comment Share on other sites More sharing options...
Olly Posted April 14, 2011 Share Posted April 14, 2011 I'd really consider whether this is worth taking up with them. As they are tenants, they may not be there for long, but on the other hand they could be there for a year or two - in my book, keeping on good terms with the neighbours is so important that I've been prepared to overlook a number of things. You might have a discussion, and they might see your point of view and agree - on the other hand, it could go badly and for the next six months (or longer) every time you go out in your garden you'll be avoiding eye contact and wishing they weren't there and so on. I have always treated my side of the fence, and I've always assumed my neighbour swould do the same - it's never been a problem for me in the sense of it showing through as a different colour, and I'm just grateful that they do it because I paid for the fence panels and it's preserving their life! An untreated fence will need replacing much sooner. In fact, my neighbour used a spray system last time, and managed to spray my bay window however I cleaned it off rather than have an argument about it, because I knew it wasn't deliberate, in fact I don't think he even realised it had happened. Could you paint your fence the same colour, then if there is any 'leakage' it won't show? Or could you suggest they use 'your' colour ... or as a last resort, could you offer to paint it for them? It may be the letter of the law that they aren't allowed to fix anything to it, lean against it etc, but the reality is that it is part of their garden from their perspective. I'd just celebrate the fact that they are taking an interest in the place and tidying it up, and try to compromise on issues like this. Quote Link to comment Share on other sites More sharing options...
C&T Posted April 14, 2011 Share Posted April 14, 2011 Re the painting, I'm on the "be happy they are showing an interest" camp... If they didn't put anything on the fence, then it will deteriorate much quicker. I also think it is unfair to dictate to my neighbours what colour fence they have their side - they could end up with 3 different colours, which I wouldn't appreciate if it happened to me. I would though have a quick conversation about the fence being used to support their earthworks. They perhaps don't realise what they have done. Just keep it light and friendly - falling out with neighbours can be hell. Look on the bright side - at least you are no longer living next door to a mess, and they are taking an interest. Much worse to be living next door to people who show no interest, and use their garden as a dumping ground! Quote Link to comment Share on other sites More sharing options...
yvonne Posted April 14, 2011 Share Posted April 14, 2011 Another vote for harmoneous relations if poss here. I used to worry too much about minor things my neighbours did, but one of my friends had a huge fall out with neighbours over a couple of tiny shrubs and ended up almost living in a war zone. Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted April 14, 2011 Share Posted April 14, 2011 I am all for harmony too,but if what the neighbour is planning has a detrimental effect on your own property,I would be unhappy too. Paint dribbles on your side of the fence would look awful and be a nightmare to clean off. I wonder if you could speak to them about using a mutually agreeable preservative rather than paint,which would be better maintenance wise and probably look nicer? Quote Link to comment Share on other sites More sharing options...
Charlottechicken Posted April 14, 2011 Author Share Posted April 14, 2011 Thanks for all the replies, I'm going down the harmonious route at present. I haven't said anything but if the dribbles show I might ask them to be careful (panels are a bit gappy!). Yes, I thought of the preservative effects, and as summer approaches my side of the fence will be at least 60% covered with foliage. When the house was empty, I did go round (no gate, and no idea who the owner was back then) and paint the other side with preservative wood paint, so it saves me a job. There are no maps or plans in my deeds! Quote Link to comment Share on other sites More sharing options...
debbier Posted April 14, 2011 Share Posted April 14, 2011 As someone has said: if it's your fence then, legally, they can't paint it without your consent. As others have said, I wouldn't personally enforce this as long as they did take reasonable care. After all, it seems a bit churlish to effectively force your colour scheme onto a neighbour (even if the law does say so)! Quote Link to comment Share on other sites More sharing options...
keyhole kate Posted April 14, 2011 Share Posted April 14, 2011 After all, it seems a bit churlish to effectively force your colour scheme onto a neighbour (even if the law does say so)! call me churlish if you like, but personaly I would expect neighbours to have the common courtesy to ask if you mind if they paint your fence on there side. My neighbours have done exactly that painted my fence without even asking whilst I was on holiday and I am not happy I now have to look at the runs and streaks they have caused on my side I am now forced to paint my side a colour that I wouldn't choose in a million years and at a time I wouldn't have chosen. Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted April 15, 2011 Share Posted April 15, 2011 I totally agree,and would be very cross if this had happened to me. Quote Link to comment Share on other sites More sharing options...
donald Posted April 15, 2011 Share Posted April 15, 2011 We have the same our boundaries are so old its just assumed so we sort of maintain a side each ie the right side. But our deeds are unclear. So we try to get on amicably which our solicitors advised before purchase etc. They may not realise it might seep through if they go ahead. Perhaps speak to them to let them know that you dont want the fence paint getting on your garden etc or get them to do your side too? I know this will antagonise but if they paint it, paint your side a nice different colour to do it back..I know thats naughty but it is friday As you say they are young and its the kind of mistake they may not realise they are about to make Quote Link to comment Share on other sites More sharing options...
Aunty e Posted April 15, 2011 Share Posted April 15, 2011 I need to paint my fences - I was just saying to OH I would have to nip round and mention it to our neighbours, and I know I own that fence because it was replaced as part of the purchasing process of this house. But it's only polite to mention it. I'm actually really worried about how to avoid making a mess on their side. Any tips? I'd thought about buying a spray thing as we have a LOT of fencing in our garden, the chicken run, two sheds and the chicken house, all of which need doing every couple of years, but is that messier in terms of dribbles? Quote Link to comment Share on other sites More sharing options...
The Dogmother Posted April 15, 2011 Share Posted April 15, 2011 I've used a sprayer and it really has to be done on an absolutely still day or everything (including you) will get covered! The cover very well and it's far quicker than using a brush. Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted April 15, 2011 Share Posted April 15, 2011 Make sure your neighbours car isn't anywhere near when using a sprayer! Quote Link to comment Share on other sites More sharing options...
Olly Posted April 15, 2011 Share Posted April 15, 2011 As mentioned above, my neighbour used a sprayer, and managed to spray my bay window and some of the spray drifted on to my plants, it did no harm but looked a bit unsightly for a week or so. However I noticed the other day that where he's sprayed the fence on the other side of his garden, it's very patchy and doesn't look as if it covered very well. I'm sticking to the brush method! Quote Link to comment Share on other sites More sharing options...
