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

wishiwasinliverpool

DRP said:

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

HAHA, we don't agree on the DIY, I get told

wishiwasinliverpool

koalakoala said:

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

I thought about that, too

wishiwasinliverpool

MalMonroe said:

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.

If we were dealing with a rational person, I would agree with  you, but we're not. The bloke's unhinged. Give him an inch and he'd take a mile. Seriously.

Suppose it were the other way round and it was his boundary fence and we were painting it, you can guarantee we'd have the police on our doorstep within seconds. He's got them on speed dial as it is. He's caused too much trouble for him to be allowed to get away with any more.

[Deleted User]

wishiwasinliverpool said:

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?

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

What is legally right and what is morally right are two different thing.  I had a neighbour whose actions over a number of years were partly responsible for a boundary fence failing in strong winds: he had secured a number of bushes to do it. Rather than get heavy-handed, we discussed how the fence should be repaired in a friendly way and he agreed to make a contribution to the cost of the repair. Threatening legal action of any kind tends to result in people taking fixed positions.

wishiwasinliverpool

Carrot007 said:

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.

1. It is our fence. All the properties have responsibility for fences on the left

2. We did tell him in writing

3. HAHAHA

4. He hasn't because he's all mouth and trousers

5. I've got a solicitor in mind

wishiwasinliverpool

Grenage said:

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.

The drips show on our side. It looks bloody awful, but as long as it looks nice on his side so what, eh?

What would you do if someone painted your fence without asking you?

And it doesn't matter how much the fence cost, it's OUR FENCE and he has no right to put his paws on it without our say-so

Thrugelmir

wishiwasinliverpool said:

MalMonroe said:

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.

If we were dealing with a rational person, I would agree with  you, but we're not. The bloke's unhinged. Give him an inch and he'd take a mile. Seriously.

You are the one making unsubstantiated accusations regarding the fence rotting. If this is an indication of previous episodes then I can see why your neighbour is at the least irratated. 

wishiwasinliverpool

Bendy_House said:

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'...

It's just bog-standed exterior fence panelling from Travis Perkins, I think. Thanks for the tips about the wood preservation stuff. We'll then send him a note saying if he tries to paint this one we'll rip his head off and shove it up his !!!!!! - politely, of course!

[Deleted User]

Hi,

jings, a fence just doesn't fall down all of a sudden because of a slap of paint, must've been ready to drop.

koalakoala

Even if you put up a wall he could paint that !