Neighbour paints boundary fence without permission and now it's rotten

TELLIT01

As the OP doesn't get on with the neighbour they may want to consider getting a solicitor's letter warning the neighbour that if they touch the fence in any way, including painting, it will be treated as criminal damage.  That may stop them.

Section62

wishiwasinliverpool said:

He just uses ordinary paint, not a preserver. In any case, that's not really the point: he has no right to paint it without asking first because he knows we'll say no

The second part of that post is correct (if the fence is exclusively yours) - but if you are going to make a claim against them then you need to have accurate information about how the "rot" has been caused.

Using 'ordinary paint' isn't an issue if the fence has been given the appropriate preservative treatment in the first place.

(But what does 'ordinary paint' mean?  Gloss, emulsion, fence paint?)

wishiwasinliverpool

theoretica said:

It does raise the question how often, over the last several years, did you maintain or paint the side of the fence that faced him?  No, he 'shouldn't' be painting it, but you will have a hard time enforcing anything.  Maybe a maintenance-free plastic fence would suit the situation better?

It was some years ago when we put the fence up, but it was treated  before we put it up to guard it against the elements. We've never gone on his side of the fence becase like I said we don't get on with all the other trouble he's caused. Plastic fencing...hmm. Wouldn't put it past him to paint that as well, though!

wishiwasinliverpool

Section62 said:

wishiwasinliverpool said:

He just uses ordinary paint, not a preserver. In any case, that's not really the point: he has no right to paint it without asking first because he knows we'll say no

The second part of that post is correct (if the fence is exclusively yours) - but if you are going to make a claim against them then you need to have accurate information about how the "rot" has been caused.

Using 'ordinary paint' isn't an issue if the fence has been given the appropriate preservative treatment in the first place.

(But what does 'ordinary paint' mean?  Gloss, emulsion, fence paint?)

It is our fence because it's on the deeds that we're responsible for it and we paid for it and erected it.

We don't want him painting it, we don't want him touching it. Even if it were exterior paint, which we believe it isn't, he has no right to go near it.

I want a wall, but my husband won't pay for one. I've even suggested taking the whole thing down so he can't paint squat. My husband said no to that, too.

When we told him about the fence painting, he chucked his dummy out of his pram and said he'd erect his own fence on his side of the boundary, but as always with him he's all P and W. Wouldn't bother us if he did do that.

So you're saying then, that regardless of the damage we think he's done, which you say we can't prove, all we've got is a statement in writing (kept the letters) that we don't want him touching our fence. Would that be enough to wave under a solictor's nose?

Section62

wishiwasinliverpool said:

So you're saying then, that regardless of the damage we think he's done, which you say we can't prove, all we've got is a statement in writing (kept the letters) that we don't want him touching our fence. Would that be enough to wave under a solictor's nose?

I didn't say the the BiB - but I do think you would have to spend a disproportionate amount on expert witnesses to try to prove it, and his rebuttal may carry more weight.

There's two separate issues.  One is the damage that has happened, the second is stopping him interferring with your fence.  I would concentrate on the second, and not use alleged damage as a justification... you don't need to do so to enforce your rights, and including a difficult/impossible to prove claim just confuses things.

Ganga

Would life not be better if you put up a new fence ,treated both sides as it goes up and IF he wants to paint his side so be it ,lifes too short for these sort of problems  ,best bet is to ignore him and let him paint his side if thats his choice 

theoretica

wishiwasinliverpool said:

So you're saying then, that regardless of the damage we think he's done, which you say we can't prove, all we've got is a statement in writing (kept the letters) that we don't want him touching our fence. Would that be enough to wave under a solictor's nose?

A solicitor will be happy to write a letter for you - if you pay.  But I can't see the police taking much of an interest in this particular criminal damage, if the police round you are as busy as the ones here. And trying to actually put a financial figure on the damage for a civil claim that might be awarded against him would be hard, and I suspect come out very tiny.

MarvinDay

Bradden said:

MarvinDay said:

Mojisola said:

How has paint caused the fence to rot?

Painting one side of a fence can accelerate the rotting process because water can easily soak into the wood from the unpainted/untreated side and because one side is treated, it makes it harder for the fence panels to dry out fully hence it rotting and warping more.

Really? do you have any evidence to back this up?

Only personal experience but I would say that it's fairly obvious that if water is able to soak into a piece of wood and then that wood is prevented from fully drying out then it's going to suffer more than a piece of wood that got wet then dried out totally in a short time.

Section62 said:

Who would put up an untreated fence?

Any external wood needs to be treated with a preservative as a minimum. It should also be protected against water penetration. If that is done properly then having one side 'painted' shouldn't be causing "rot".

True, but wood treatment/preservative doesn't last forever especially on external wood so if the fence had been up for a few years before one side was retreated, this is when problems could occur.

Putting a good preservative on only one side shouldn't cause too much of an issue as this should soak well into the wood but it's a different story if paint that doesn't soak in very far is used.

Section62

MarvinDay said:

Bradden said:

MarvinDay said:

Mojisola said:

How has paint caused the fence to rot?

Painting one side of a fence can accelerate the rotting process because water can easily soak into the wood from the unpainted/untreated side and because one side is treated, it makes it harder for the fence panels to dry out fully hence it rotting and warping more.

Really? do you have any evidence to back this up?

Only personal experience but I would say that it's fairly obvious that if water is able to soak into a piece of wood and then that wood is prevented from fully drying out then it's going to suffer more than a piece of wood that got wet then dried out totally in a short time.

Why wouldn't the wood be able to dry out fully?

Maybe there is some confusion here.  Fully encapsulating exterior wood in a non-breathable paint would be a bad idea because any moisture in the wood would cause the paint to crack, with consequent issues.  But 'painting' one surface of a thin piece of wood is not going to cause issues of that nature if other surfaces remain breathable.

Fence wood is thin enough that it can dry out fully from one side only.

MarvinDay said:

Section62 said:

Who would put up an untreated fence?

Any external wood needs to be treated with a preservative as a minimum. It should also be protected against water penetration. If that is done properly then having one side 'painted' shouldn't be causing "rot".

True, but wood treatment/preservative doesn't last forever especially on external wood so if the fence had been up for a few years before one side was retreated, this is when problems could occur.

Putting a good preservative on only one side shouldn't cause too much of an issue as this should soak well into the wood but it's a different story if paint that doesn't soak in very far is used.

I don't understand what you are saying there.  It doesn't fit with my understanding of how wood/timber preservation and finishes work.

If the unpainted face of the fence was periodically treated with preservative, why would the painted surface cause the wood to rot?

GDB2222

Have I understood the gist of this?

1. I don't like my neighbour.
2. He painted his side of a fence I erected on the boundary.
3. Goody! At last, there's something I can sue him over.