Problem neighbours

andy444

Unfortunately we can't choose our neighbours and I think ultimately you will just have to let it go and accept your neighbour won't be the best or most considerate neighbour to have. It's not worth chasing it up.

I advise to at least keep civil with them just in case you need their help in the future. I know it's annoying but it's not worth taking action or anything.

NameUnavailable

Unless there is something in your deeds to say that YOU must have a fence there, the nuclear option is to rip it down. Then if the neighbour doesn't like it tell them they can put a fence up on their side of the boundary at their expense!

But in reality it's probably easier to let it be - I would however mention in passing about not damaging the fence by attaching stuff to it, just to put them on notice.

JReacher1

I’ve never really thought about it but if it’s your fence do you have the right to stop the neighbour from attaching lights to his side of the fence?

Marky4040

I think the only question which needs answering at this point is, why isn't their house up in flames yet? hmmmm...?

Skiddaw1

JReacher1 said:

I’ve never really thought about it but if it’s your fence do you have the right to stop the neighbour from attaching lights to his side of the fence?

Good question! I have no idea but in answer to the OP I agree it would be best to smile through gritted teeth and let it go.

Debbie9009

Many thanks for all the responses, they really help.

Answers to some questions, the fence is on the boundary, and the lights are on his side of the fence, and truthfully haven’t caused any damage and are not likely too.

I paid for the fence, and my ex installed it, the reason for this was when I viewed the house the old fence had more holes than a sieve and looked like a strong breeze would finish it off. As I was the one that wanted a new fence I felt I should pay for it, so agreed this with the previous owners of next door.

Bendy house thank you for your detailed process to follow, I will use this if there are any further issues.

The cost of the materials to fix the damage were just under £50 so definitely no point pursuing this any further.

Woolsery I do wonder if you have hit the nail on the head with him perhaps feeling I have shown him up.  There was an issue with the drains last year, which lead to neighbour, the neighbour on the other side of him and myself looking down the drains to find the source of blockage, neighbour decided to insert his bare hand into the drain, other neighbour commented he needed to be careful of his watch, neighbour said it’s fine it’s waterproof, to which other neighbour commented yes but is it s***t proof !! So maybe he is feeling embarrassed. 

Relievedsheff I can understand why you would think I couldn’t be sure that no stain got on their side, however I actually can be sure, I have a right of way across their garden to put the bins out, so used this to check on the contractors work as they were carrying it out, (I did ask neighbours permission to do this) I also did the same when I restained it.

Nameunavailable the nuclear option idea did make me laugh.

I’m not going to take this matter any further as I really don’t think it’s worth it.  I will content myself with the knowledge that I made a much better job of staining my side of the fence that he did staining his. I shall think of this each time I see him, as this will make it much easier to be polite.

Many thanks to everyone who took the time to comment

Debbie

Bendy_House

NameUnavailable said:

I would however mention in passing about not damaging the fence by attaching stuff to it, just to put them on notice.

If you are going to do this, then I suggest it needs doing in a recorded manner - witnessed, literally recorded, or whatevs - for it to be properly effective. Too easy for the other party to simply claim it wasn't said. Then you are down to 'balance of probabilities', and that's not usually a good start.

So, if you are happy to let the lights 'go', but then witness them starting to attach heavier objects, any approach to desist should be done in a way that you can prove they were informed of the possibly consequences.

Bendy_House

JReacher1 said:

I’ve never really thought about it but if it’s your fence do you have the right to stop the neighbour from attaching lights to his side of the fence?

If it's the OP's fence - and if it's wholly on the OP's side of the boundary - then, I understand, it's 'yes'.

This one doesn't appear to be, tho'.

Bendy_House

Debbie9009 said:

Answers to some questions, the fence is on the boundary, and the lights are on his side of the fence, and truthfully haven’t caused any damage and are not likely too.

I paid for the fence, and my ex installed it, the reason for this was when I viewed the house the old fence had more holes than a sieve and looked like a strong breeze would finish it off. As I was the one that wanted a new fence I felt I should pay for it, so agreed this with the previous owners of next door.

Good call, Debbie. And hopefully that'll be the end of it.

"the fence is ON the boundary". In that case it is almost certainly 'shared', in which case you are much more limited about what you can expect/insist from them. They are also, I understand, entitled to paint their side (or you'd struggle legally to stop them), since that side is technically on their land! Ie, you have kind of gifted it to them - it's your physical fence, since you paid for it, but it's partly on their land, so you can see how tricky this could be to resolve - short of them physically damaging it.

As Woolsery said, you always have the nuclear option - but it isn't really that at all - it would be a perfectly reasonable action to take should they persist; "I will not allow the fence I paid to have installed to continue to be damaged by you. If you aren't going to stop, I will remove it. What...did...you...expect?!"

The outcome will depend on them. If they will really miss it - cannot bear the lack of privacy or security - then they'd have to put their own fence up. If they have a dog that needs keeping within their garden, then they MUST restrain it or fence the boundary. If they don't put their own fence up, then you may ultimately need to consider putting yours back up, but I'd be tempted to move it 2 inches so it's fully on your land - you now have complete ownership and control over it; it is 100% yours, and 100% on yyour land. And you inform them of this.

You paid for the fence, so therefore have the benefit of knowing it was done properly, and was the fence style of your choice. However, it seemingly isn't wholly on your land, so you no longer have full control over it. If the neighb does something to damage it, then you are entitled to ask them to stop, and 'put them on notice'. I'd suggest it would have to be something pretty obvious, tho', and clearly going to cause issues to your fence.

Hopefully all will settle, and things will be fine. I would start keeping a record of all incidences, tho' - photos of the paint overspray/bleeding, discrete photos of anything they add to their side (other than trivial stuff like lights), an account of what was said by both sides and in what manner, etc, and any other slightly 'off' interaction you may have with them. Dated and logged! Should the worst happen in future, and action is required, this will really help. Evidence, evidence, evidence.

Hopefully all will be fine. But it's always worth being aware of, and making contingencies for, the 'worst case'.

And make sure you have LP on your insurance.

Woolsery

Why does a wholly owned fence need to be behind the boundary line to acquire the 'right' not to be damaged or have stuff hung on it without prior agreement? Surely the owner of said fence may remove it at any time for routine maintenance. This could last for days, or even weeks if the situation demands. A couple of road pins and a bit of tape can suffice in the meantime.

I'm not advocating pettiness, just suggesting there would be beggar-all ina legal sense any neighbour could do in such a situation.

As before, I think for the OP the next step is polite monitoring of the neighbour, not antagonism or anything formal that could sour things and lead to covert bad behaviour.