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garden party fence - the painting of

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beryl hough | 21:50 Sat 04th Sep 2004 | Home & Garden
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My neighbour has replaced the original boundary fence put in by the builders with a lower panel and cement post fence between our two properties. I originally had a clematic trained up the original fence (for 15 years) which was carefully to allow the fence to be replaced. I have now put the clematic back against the fence tied onto nails with string. When I was out today my neighbour has removed each panel of fencing (6 in total) and pained them a dark brown, consequently ripping off the clematic which is now damaged and on my pathway alongside the fence. What my legal position regarding the removal of the clematis, the painting of my side of the fence against my wishes, and him entering my property to place posts which were against the fence onto my path please.

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If you are prepared for the possibility of losing �100,000.00 + over the next 2-3 years and living in misery for that period then I will tell you what your legal position is. If not, forget it. Lifes too short.
I should have added that life may get even shorter if you continue to tie things to and lean things up against his fence. Don't.
You ought to be thankful that he has replaced the fencing AND stained the panels without asking you to make a contribution! It'd cost you a lot less than buying a new Clematis.
Correction, it'd cost you a lot MORE than buying a new Clematis.
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You have a neighbour who not only supplied and erected a boundary fence, but also painted it, and you are complaining. I'm glad you are not my neighbour you ungrateful so-and-so.
Beryl, I actually take your side on this. Your neighbour had no rights to enter your property without your permission - so was committing trespass. He had no right to damage your plants which were planted on your property. You can ask him to pay but he sounds the type that will not consider this! If I wanted to replace my fence with a lower fence I would at least talk to my neighbour first to give them a chance to take their plants up and I would ask their opinion on the colour they wanted on their side of the fence. I understand how you must feel!
PS I actually treasure all my garden plants and it would devastate me to see a 15 year old clematis destroyed. Fences are ugly things anyway. Plant a hedge on your side of the fence. Keep it to 6ft high to comply with the law. You can then not even see your unfriendly and inconsiderate neighbours!
i think your find hes breaking the law,he didnt even have the good grace to consult you.he waited till you went out before trespassing on your property??check the fence law on google.
The only reason I can think of for him removing the panels is so he didn't need to come into your garden to paint the panels. Staying friends with your neighbours has to be a good thing but I get the feeling this isn't the first dispute
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Thank you all for replying to my question re the painted of the fence etc. I have taken on board all the comments, and agree that superficially I seem irrational that someone who has replaced a fence, and then painted it should cause me distress. The comment about it not being the first conflict is correct. However, I taken all the comments seriously and thank you for them all. Many thanks
If money and peace of mind are important to you, beryl, please take care of yourself. The harsh fact is that if you interfere with your neighbours fence again he will be entitled to a restraining injunction which could be in place as early as Wednesday next. There are usually two hearings, and the costs of �3000 - �4000 will be down to you which you will have to find immediately. Should you decide to go to trial this will take place in 12 - 24 months time, and you could well find yourself facing a loss of �100,000.00 as I said earlier.Be kind to yourself and just ignore the neighbour.
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Just a quick question to Maud, and by the way thanks for the legal advice but, I am correct in assuming that if a party fence which on the deeds has a T against it showing the responsibility for repair belongs to your neighbour and is subsequently replaced by him with a fence of his own choosing and without consultation, then becomes his private property, even though all fences in the deeds are deemed to be joint. The other 3 fences around my garden are my responsibility, but I have replaced them with consultation with respective neighbours and have never regarded them as belonging soley now to me. I am not bothered what they put up against their side of the fences that land belongs to them. Also to add to the discussion with Anniekon, I personally think she is right in saying that my neighbour does not have a right to trepass on my property without my permission, and also to cause what I consider wilful damage to my plants, given notice I would have untied them. Although this is obviously a minefield, there surely is a 'general duty of care' towards neighbours. Thanks in anticipation. Beryl
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Beryl, Thankfully the editors have edited out Maud's offensive comments to me and my little outburst of yesterday. I had made an apology this morning to you regarding this and they have taken that off as well. When I had a similar problem with my mother's neighbours I got a local solicitor to send a warning letter to the neighbour concerned. It wasn't very expensive and although it obviously didn't rectify the damage already done, at least it didn't happen again. Good luck.

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