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

Bendy_House

wishiwasinliverpool said:

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.

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?

Hi WIWIL.

What sort of fence is this? Picket? Close-board? Rough-sawn? Planed?

Anyhoo, I think you have two choices. The second is exactly the same as the first, but carries a 'cease and desist' notice.

The first, then, is to fit the new fence. Before installation, give it a damned good soaking in wood preservative such as Everbuild Lumberjack or Sika Wood Preserver (clear or coloured), and - once that's fully dried - give their side a good coating of a water repellent such as No-Nonsense Water Repellent Sealer.

That should (a) make the fence last decades (as long as it's not in contact with the ground), and (b) make them applying paint a 'mare.

I think I'd stick at that, with perhaps a verbal - and polite - 'please don't paint or attach anything to the fence as it's ours, thankooverymush. If you want to do anything to the fence, you cannot - you need to fit your own, and then you can fill yer boots. Or, you need to discuss with me beforehand what finish you want to give this fence - I might be ok with it'.

If you want to be bolshie, then do ditto, but also write a C&D letter stating clearly what they must not do again. Explain in polite but simple terms that this is your fence, and that they must seek your permission before doing anything to it.

Make sure the letter is delivered in a recorded manner.

Then it's up to you - if they do subsequently paint it or attach anything to it, you should have no problems obtaining legal redress. Ie, they'll either need to put it right, or replace it. With a proper C&D letter beforehand, this should be a formality.

I think I'd go for the more chilled first version, tho'...

Grenage

Jesus Christ, if the paint isn't showing on your side - who cares?

Any fence panel that rots so quickly is obviously so cheap that its replacement would be less hassle than getting into a tiff over something so trivial.

Carrot007

wishiwasinliverpool said:

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

2. 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.

3. 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.

4. 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.

5. 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?

1. Unlikly is says more than boundry omn t he deeds But yes on you purchasing it.

2. Did you tell him? Unlessyou did I think you are unreasonable.

3. I think you need a divorce.

4. And why has he not? Push it.

5. If you want to spend more than a wall would cost to spite him then go for it.

MalMonroe

If the fence is rotten anyway why not just remove it altogether. I understand that your husband doesn't want to do that but it seems that your husband doesn't really want to do anything.

Clearly your neighbour has some issues and doesn't really understand the situation, even though it's obviously been told to him more than once.

If your husband won't agree to any of your suggestions it's not clear why are you worrying about something that really isn't worth getting worked up about? From what I can gather, your husband is adding to the problem.

But - instead of getting upset, why not consider (and I know this would mean speaking to your neighbour rather than passing notes along(?) but I'd risk it) replacing the fence with decent stuff, buying some proper outdoor protective paint then giving it to him and telling him to paint the fence to his heart's content - on both sides? 

You've tried the aggressive approach and that has failed more than once. Why not now try the nice way? What have you got to lose? If fence painting really is the only complaint and grumble you have about your neighbour then you can consider yourselves to be very lucky indeed.

Try to be the bigger person. Also known as being kind. It seems really childish to keep going round in circles and beating yourselves up, when you're not going to win. I know you don't want to hear it but if you give in, things will improve. You will all feel so much better. (I know because I did a similar thing with extremely difficult neighbours in my last property.)

Life is far too short to get hooked on fighting, arguing and being aggressive about things like this that really don't matter in the scheme of things. If your neighbour can't act like a grown up, then you (and your husband) are going to have to.

koalakoala

Maybe the  fence just rotted with age?
Just leave it til it falls down……

DRP

You and your husband need to agree what you want to achieve before anyone here can help you. 

twopenny

Take it down and put up chainlink/a single wire/a dwarf hedge etc.
Though a wall sounds the perfect soloution for both of you.

You could look into anti graffiti paint for his side. Don't know if it's ok on wood but would be fun to see him try and paint.

Painting it, even with ordinary paint shouldn't cause it to rot. I've used emulsion on treated trellis for many years with no ill effects.

KeithP

wishiwasinliverpool said:

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?

Plastic fencing...hmm. Wouldn't put it past him to paint that as well, though!

But with a plastic fence, that doesn't matter, does it?

Remember... your complaint was him painting the fence which caused the fence to rot.

Or are you now saying you don't like the colour paint he is using?

wishiwasinliverpool

KeithP said:

wishiwasinliverpool said:

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?

Plastic fencing...hmm. Wouldn't put it past him to paint that as well, though!

But with a plastic fence, that doesn't matter, does it?

Remember... your complaint was him painting the fence which caused the fence to rot.

Or are you now saying you don't like the colour paint he is using?

It does matter because it's the principle of him touching it without permission, more about the condition of the fence itself to be honest. You have no idea how irritating it is to see him blatantly doing what he likes, but when you challenge him about it he gets annoyed and calls you the R word, which isn't true. We're not the only ones in the street who won't have anything to do with him because he's hacked off a lot of people and has called neighbours of his own culture the R word, too.

I don't care about the colour, he has no right to touch it

wishiwasinliverpool

twopenny said:

Take it down and put up chainlink/a single wire/a dwarf hedge etc.
Though a wall sounds the perfect soloution for both of you.

You could look into anti graffiti paint for his side. Don't know if it's ok on wood but would be fun to see him try and paint.

Painting it, even with ordinary paint shouldn't cause it to rot. I've used emulsion on treated trellis for many years with no ill effects.

Anti-graffiti paint sounds a good idea. A wall is the best solution and we can afford it, but it's persuading him indoors.