Can you paint your side of a neighbour's garden fence?
17 August 2008, 03:38 PM
#1
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Can you paint your side of a neighbour's garden fence?
****!! painTTTTTTTTTTTTTTTT, can you PAINT!!!! Bah!
Sorry if this sounds trivial but it's reached the point of the threat of the small claims court, unbelievably.
I have a friend who lives next door to the sort of **** that the makers of Neighbours From Hell can only dream about.
Three weeks ago, a new six feet wooden fence was erected between the properties. Within this fence is a gate, through which he has a right of access. The gate was a light wood, the fence had been treated with a dark brown preservative.
Therefore, we painted the gate dark brown (as close as we could get to the rest of the fence) on our side only. The only part of the gate he could see that is dark brown is the top edge, nothing else.
He has now threatened to take my friend to small claims court for the cost of a new gate because the colour is not the exact shade he had been recommended. He is further claiming that because the gate is recessed into the fence (by about four inches), it is "clearly" on his side of the boundary line and therefore not our property to touch.
Does anybody have experience of this sort of thing? Is he correct legally? Opinions welcome but if anyone knows the fact of the law i'd be very grateful. Cheers.
Sorry if this sounds trivial but it's reached the point of the threat of the small claims court, unbelievably.
I have a friend who lives next door to the sort of **** that the makers of Neighbours From Hell can only dream about.
Three weeks ago, a new six feet wooden fence was erected between the properties. Within this fence is a gate, through which he has a right of access. The gate was a light wood, the fence had been treated with a dark brown preservative.
Therefore, we painted the gate dark brown (as close as we could get to the rest of the fence) on our side only. The only part of the gate he could see that is dark brown is the top edge, nothing else.
He has now threatened to take my friend to small claims court for the cost of a new gate because the colour is not the exact shade he had been recommended. He is further claiming that because the gate is recessed into the fence (by about four inches), it is "clearly" on his side of the boundary line and therefore not our property to touch.
Does anybody have experience of this sort of thing? Is he correct legally? Opinions welcome but if anyone knows the fact of the law i'd be very grateful. Cheers.
Last edited by Chris L; 19 August 2008 at 11:41 PM. Reason: Edit to add the 't' :-)
17 August 2008, 04:05 PM
#7
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what a complete **** end..who was it that put the fence and gate up,this kind of thing is a bit of a mindfield.does your mate have the title deeds to see whose land the fence is actually built on.
Garden Law advice on fences, trees and boundaries
Garden Law advice on fences, trees and boundaries
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17 August 2008, 06:23 PM
#17
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Beat him to a soggey mess with this....
Amazon.com: Neighbor Law: Fences, Trees, Boundaries & Noise: Emily Doskow, Cora Jordan: Books
Amazon.com: Neighbor Law: Fences, Trees, Boundaries & Noise: Emily Doskow, Cora Jordan: Books
17 August 2008, 07:51 PM
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Thanks for the "advice" 
Turns out we don't have a leg to stand on, because it's his boundary fence. You're legally obliged to ask permission to paint it, and if you do paint it without permission, you're actually liable for criminal damage.
I just can't believe ***** like this exist in the real world. I'm actually really upset about this. For him to type an officious letter and post it through the door, and not even have the ***** to discuss it face to face is just unfathomable to me. I'm at a loss for words tonight.
Turns out we don't have a leg to stand on, because it's his boundary fence. You're legally obliged to ask permission to paint it, and if you do paint it without permission, you're actually liable for criminal damage.
I just can't believe ***** like this exist in the real world. I'm actually really upset about this. For him to type an officious letter and post it through the door, and not even have the ***** to discuss it face to face is just unfathomable to me. I'm at a loss for words tonight.
17 August 2008, 09:08 PM
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It's pathetic, isn't it? You'd think the neighbour would only be too happy to allow the guy to paint the gate to tone in with the fence... what would he have done/said, if your friend had kicked up a fuss/objected over the clear colour difference, and made life difficult for him rather than painting the gate?
He obviously has nothing greater in life to worry about..sad foof
We have neighbours from hell, so I sympathise with your 'friend'
He obviously has nothing greater in life to worry about..sad foof
We have neighbours from hell, so I sympathise with your 'friend'
17 August 2008, 09:12 PM
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Exactly, LG, it's pathetic. We did what we thought was the right thing to do, oblivious to the law i have to admit, and the obnoxious, officious little ***** does this. Little man with little man syndrome. I've not been as angry as this for a long time.
17 August 2008, 09:43 PM
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This does sound incredible. This isn't just the fence this idiot clearly has problems. You live next to someone surely you can sort a trival matter like this in a grown up manner
I would be careful as this **** has issues but also seems a bit switched on ref the law.
I would be careful as this **** has issues but also seems a bit switched on ref the law.
17 August 2008, 10:25 PM
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Surely this is 'de minimis'? ie too trivial even for a small claims court?
Sounds it to me, but I am no expert. How is the change in colour of part of the fence of material effect to him?
Asif
Sounds it to me, but I am no expert. How is the change in colour of part of the fence of material effect to him?
Asif
17 August 2008, 10:34 PM
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Im confused as to who the friend is 
- But anyway id have painted it with preservative which happens to be dark brownish in colour
- But anyway id have painted it with preservative which happens to be dark brownish in colour
Last edited by dpb; 17 August 2008 at 10:48 PM.
17 August 2008, 10:43 PM
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FGS, some folks really need to get a life. I very much doubt he will get anywhere in a small claims court. I would check the "party wall" act, I think it's called. Bet he has no right to erect a 6' fence in the first place. 