Gransnet forums

House and home

Neighbours a law unto themselves

(19 Posts)
Luckynan Tue 26-Jul-22 20:59:29

I am in desperate need of advice. We have lived very happily in our house for 14 years. Lovely neighbours etc. Long story short, the lady next door to us moved to a smaller property after her husband died . So our nightmare began. The people who moved in have made our life a misery from the start. There is too much to go into here.
We live in a corner property but our garage path looks onto next doors path. We had a dispute over the existing fence between the two property’s which was in a state of disrepair. We had replaced the fence that was there when we moved in although next door offered to share the cost. They were elderly so my husband just sorted it.
Next door have been on at us for over a year to “get the fence sorted “ and told us in no uncertain terms they” wouldn’t be giving us a penny towards it. We eventually consulted a solicitor and the deeds of both houses show that next door are responsible for the maintenance of that boundary. We wanted nothing to do with them and asked our solicitor/ and council if we could just erect a new fence for ourselves but on our property we actually used part of the land on the path. The said fence has now been erected but we came home today to find him painting the side of the fence that is facing him. IT IS NOT A SHARED FENCE and cost us a lot of money . I asked him what he was doing and he said he is within his right to paint the fence whatever colour he wanted and that his solicitor had told him this.
As I write this he is outside finishing off the painting. My blood is boiling especially after the last 18 months we have lived with his abuse. Does anyone know if he is entitled to do this? He could just put up his own fence but he has removed the original concrete posts and is now just using our fence as his own.

Oopsadaisy1 Tue 26-Jul-22 21:49:31

It seems it is classed as ‘Criminal Damage’ as it’s your fence inside your property line (not straddling the boundary) , whether or not you want to go down the ‘suing the neighbour’ route is another matter.
You obviously can’t unpaint the fence, so you either ignore it or sue him and have to declare a problem if you want to move house. Not much of a choice though is it?
Bad neighbours are a nightmare and I feel for you.

BlueBelle Tue 26-Jul-22 21:51:52

Is it worth causing more bad feeling you won’t be able to see the side he’s painted so how will it infringe on you whether it’s lawful or not
I can see why you’re annoyed it’s your fence erected by you and paid by you and on your property but …,,,,.,,. Does it really make a difference to your life I think I d just let him get on with it Peace with neighbours is such a big necessity
Let it go Luckynan

crazyH Tue 26-Jul-22 22:14:28

I had a similar issue where I previously lived. When I returned from holiday he had taken down the 6foot wide hedge and installed wood panel fencing, thus gaining 6ft x 65ft - I took legal action, which I won. He had to put back the boundary to the original position but sadly the beautiful hedge (which was there for years and years) could never be reinstated . He had to pay all legal costs including mine and £5000 compensation to me . I am not advising you to go down the legal because it’s costly and high risk. Take legal advice - all the best

Luckygirl3 Tue 26-Jul-22 22:36:15

Let it go - I know that technically he is wrong but honestly life is simply far too short to get embroiled in this. It is your home and you need to be able to relax there - this will go out of the window if you are in a running dispute with your neighbours. Just ignore it. Lesser of two evils.

Smileless2012 Tue 26-Jul-22 22:41:16

As Bluebelle has posted, you can't see his side of the fence so it doesn't matter what colour he paints it. I can understand your annoyance but as Luckygirl's said "Let it go".

Elizabeth27 Tue 26-Jul-22 22:45:06

You have to ask yourself if you want to be right or happy. If you cannot see the painted side and it is just a matter of principle I would not do anything about it as it will not improve relations.

25Avalon Tue 26-Jul-22 22:45:51

Legally he is wrong and should not have painted your fence on your land. You can take it up via your house insurance if you have legal cover. However, you have to live next door to these awful people so you have to ask is it worth it. I am so sorry you are having neighbour problems.

MerylStreep Tue 26-Jul-22 22:45:51

Did you know that if you decide to move you will be asked if you have ever been in dispute with your neighbours.
By law you must answer this as you have been to a solicitor.

Summerlove Wed 27-Jul-22 00:07:54

I’m curious, did you tell them that it was their responsibility to do the fence? That the new one was not a shared fence?

Luckynan Wed 27-Jul-22 01:18:05

We did tell them that the original fence was their responsibility but they wouldn’t accept it and kept harassing us to get it fixed . They told us in no uncertain terms that they would not contribute to the cost of a new fence. I had reached the stage where I dreaded going out of the house incase I saw them. In the end we just decided to put a new fence up actually on our front path. Once it was done he took the original fence posts etc out and is now treating our fence as a shared fence, hence why he said he could paint however he liked. As you can see I can’t sleep for thinking about the situation but what’s done is done. I might add that this is the fourth move this neighbour has made in this area.

Spice101 Wed 27-Jul-22 01:33:43

I don't know if this applies in the UK but there is such a thing as Adverse Possession. Adverse possession is a property law principle that allows a person to claim ownership of land without paying for it. Adverse possession occurs where a person has enjoyed uninterrupted and exclusive possession of land for a period of 15 years. (this is in Australia so may not apply)

If your new fence is in effect giving your neighbour extra land it may be an issue at some stage.

Madgran77 Wed 27-Jul-22 08:43:16

If your new fence is in effect giving your neighbour extra land it may be an issue at some stage

It will be an issue if and when you move. He is effectively changing the boundary! I do think you need to consult a dolicitor regarding and legal proof of boundaries even if only for the future. flowers

paddyann54 Wed 27-Jul-22 08:51:03

When we moved here the fences between the houses had been put in place 20 something years down the line we needed to replace them so spoke to our neighbour ...he said he couldn't afford to do it so we went ahead and we have treated it every second year since' on both sides.This year he treated his own side .Its not a problem we get on well its in his garden and although we paid for it we see it as his fence .Neighbours are better kept happy ,its foolish to let these small issues disrupt your life

TwinLolly Wed 27-Jul-22 09:07:39

I'm not a solicitor but I'd say it is time to consult your solicitor for advice on the ins and outs. And more so for long term prospects if you sell your house.

If your neighbour is 'stealing' the land and extending his property boundary - that is wrong. So do speak to your solicitor about this. The neighbour might be forced to re-erect the former boundary fence if he has broken the law.

Redhead56 Wed 27-Jul-22 09:09:53

We had some terrible issues with a neighbour but did everything legal we could to keep the tension down. Your new fence is up now let it rest and whatever colour he paints it is best left alone life is too short..

JaneJudge Wed 27-Jul-22 09:14:19

If he'd have come round and asked if he could paint it, his side. What would you have said?

I know he has been a pain in the arse but it is good he is maintaining that side of the fence now, isn't it?

He sounds proper irritating and I'm sorry he is upsetting you so much. Some people really are terrible neighbours and I understand how consuming it is flowers

Antonia Wed 27-Jul-22 09:49:01

It sounds very annoying but I would just leave it alone now. It's causing you unnecessary stress, especially as you can't see his side of the fence.

biglouis Wed 27-Jul-22 12:47:34

My neighbour is an absolute bitch and I do everything I can to avoid her.

Many years ago when I first moved in I had pinned up a sheet of fabric against the dividing fence as a backcloth to take some photos. The fabric was a light piece held up with a couple of mapping pins which in no way could have caused damage to a rustic wooden fence. She must have been nosing about outside to even see me doing it.

NDN had a whinge that I had no right to do this as the fence was "hers". I reminded her that she had sent workpeople onto my property without seeking my permission and told her to practice what she preached when it came to access. I told her that until she was able to produce receipts to prove she had paid for the original fence I was going to treat it as a boundary fence.

She never did produce the receipt. Eventually I had a new and taller fence installed a few inches in on my land. The day my gardener came and began digging a trench for the concrete supports she asked what he was doing. He told her "digging a grave for nosy neighbours" and she scuttled off.

High fences make for good beighbours.