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Can you paint your side of a neighbour's garden fence?

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Old 17 August 2008, 10:57 PM
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noobyscooby
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Can you sand it down and redo it in the right colour?
Old 17 August 2008, 11:14 PM
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What happened for you to fall out in the 1st place? Can't this be addressed?
Old 17 August 2008, 11:21 PM
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I erected terracotta coloured fence around my garden a few years ago. I had no problem with the green woodstain my neighbour painted her facing side with. I was pleased with her interest of preserving my fence, and matching it to her garden ornaments shades etc. It looks quite decent, actually
Old 17 August 2008, 11:28 PM
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Originally Posted by dpb
- But anyway id have painted it with preservative which happens to be dark brownish in colour

That's exactly what we did. Ronseal "dark oak". No stupid colours, no gimmickry, just the colour we thought would match the best.
Old 17 August 2008, 11:31 PM
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Originally Posted by AsifScoob
Surely this is 'de minimis'? ie too trivial even for a small claims court?

Sounds it to me, but I am no expert. How is the change in colour of part of the fence of material effect to him?

Asif
Whether it's too trivial i've no idea, i've never been taken to the small claims court. If i thought i could call his bluff then i would, but if you look at the legal sites, you simply CANNOT, under any circumstances, touch a neighbour's fence if it isn't yours, unless you ask permission first, or if you don't have the saddest **** on Earth living next door to you. It doesn't materially affect him in the slightest, he can't even see it unless he exercises his right of access and looks at it from the painted side.
Old 17 August 2008, 11:33 PM
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Originally Posted by noobyscooby
Can you sand it down and redo it in the right colour?
It's a possibility i guess. But i'd assume he wouldn't accept it, and it would end up looking a bit of a mess in any case. Additionally, we just have zero interest in engaging with the idiot, so suggesting some sort of resolution isn't really on our agenda if you understand our feelings of hosility at this time?
Old 17 August 2008, 11:33 PM
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How tall is he?
Old 17 August 2008, 11:34 PM
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Originally Posted by 84of300
FGS, some folks really need to get a life. I very much doubt he will get anywhere in a small claims court. I would check the "party wall" act, I think it's called. Bet he has no right to erect a 6' fence in the first place.
Oh yes he does have the right. Up to 8 feet i think it is, you can do what you like.

But since the law is so black and white in his favour, i'd assume a small claims courts would just award it to him without a second thought. If that isn't the case, i'd certainly be happy to hear of anyone's experience?
Old 17 August 2008, 11:37 PM
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Originally Posted by Turbohot
I erected terracotta coloured fence around my garden a few years ago. I had no problem with the green woodstain my neighbour painted her facing side with. I was pleased with her interest of preserving my fence, and matching it to her garden ornaments shades etc. It looks quite decent, actually
And that's the reaction you'd expect of any sane, rational neighbour, Swati.

What makes his type tick, though, i'm at a loss. I wish i could even begin to understand his attitude, but i can't. Delusions of grandeur. Utter tosser.
Old 17 August 2008, 11:40 PM
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Originally Posted by GC8
How tall is he?

Five feet six i'd estimate. There's been a history regarding a disputed planned extension, which he's now shelved, probably due to lack of money. Whether this is in response to that i have no idea, but i think the **** would throw the book at ANY violation of territory, however trivial. It's ******* depressing knowing you've got somebody like that next to you. And it was his girlfriend who actually put the letter through the letterbox!! God alone knows how far he's poisoned that poor cow's mind.
Old 17 August 2008, 11:41 PM
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Originally Posted by TelBoy
It's a possibility i guess. But i'd assume he wouldn't accept it, and it would end up looking a bit of a mess in any case. Additionally, we just have zero interest in engaging with the idiot, so suggesting some sort of resolution isn't really on our agenda if you understand our feelings of hosility at this time?
If your not offered the opportunity to put it right, then don't. Screaming at you doesn't count. Say nothing, wait for any paperwork (which I doubt you'll see) and report back.

No judge can accept the argument otherwise. Be a shame to hear the court cost's read out to them wouldn't it?...


Edit- I see he has put some paperwork through. What wound him up in the 1st place? He can't have gone off on a massive one like this for nothing.

Last edited by Odds on; 17 August 2008 at 11:47 PM.
Old 17 August 2008, 11:44 PM
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Originally Posted by TelBoy
And that's the reaction you'd expect of any sane, rational neighbour, Swati.

What makes his type tick, though, i'm at a loss. I wish i could even begin to understand his attitude, but i can't. Delusions of grandeur. Utter tosser.
My neighbour is the same, We call him **** builder and a thread on here actually had people prepared to come up and annoy him, just for his attitude.

I can't really help, I thought the restriction was 6'. Saxo Boy is your man regarding fencing planning laws, as for painting, I just can't believe the reason of some people

Good luck and sorry I can't help more. He needs a good kick up the ****
Old 17 August 2008, 11:45 PM
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Believe me Odds-on, this officious nonce WOULD pursue it. He threatened the builders who are doing a lot of work on the property with a £250 bill because of a - get this - ring mark from a cup of tea on their dining table. Ok it didn't reach court, but i wouldn't call his bluff unless i knew there was any chance of winning. Like i say, the law is black and white, proabably to help the courts in situations like this where they can just say "you cannot paint a neighbour's fence if it is theirs, end of story, £90 awareded against you plus costs". That's the outcome i can forsee, unless anyone knows different?
Old 17 August 2008, 11:52 PM
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Originally Posted by TelBoy
Believe me Odds-on, this officious nonce WOULD pursue it. He threatened the builders who are doing a lot of work on the property with a £250 bill because of a - get this - ring mark from a cup of tea on their dining table. Ok it didn't reach court, but i wouldn't call his bluff unless i knew there was any chance of winning. Like i say, the law is black and white, proabably to help the courts in situations like this where they can just say "you cannot paint a neighbour's fence if it is theirs, end of story, £90 awareded against you plus costs". That's the outcome i can forsee, unless anyone knows different?

So, according to the idiotic law of this Country, if they erect a fence and stain it, and the stain runs on your side and looks like an overfillled jam sandwich, running down the sides. You just have to put up with it

errr, something does not make sense here
Old 17 August 2008, 11:53 PM
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Sounds like its some kind of reprisal then , if its the same kind of slosh AND the same colour im not sure where hes coming from

Id be polite whilst smirking gently and let him get on with it - its just going cost him money
Old 17 August 2008, 11:53 PM
  #46  
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Originally Posted by TelBoy
And that's the reaction you'd expect of any sane, rational neighbour, Swati.

What makes his type tick, though, i'm at a loss. I wish i could even begin to understand his attitude, but i can't. Delusions of grandeur. Utter tosser.
You have said it, Tel.
Deluded.
Negative reactionary person, the inferior one. He is in the urgent need for superiority by objecting upon something as reasonable as what you did. Painted your (your friend's) side, so what???

We had a neighbour of that sort once. He used to complain for absolutely **ck all, making a big issue of every little thing. Even Police were fed up with his "wolf is coming" calls for trivial reasons. He had too much time in his hands. Eventually he was pushed out, and now he lives a very isolated life in the slums of Colwyn Bay
Old 17 August 2008, 11:57 PM
  #47  
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Originally Posted by 84of300
So, according to the idiotic law of this Country, if they erect a fence and stain it, and the stain runs on your side and looks like an overfillled jam sandwich, running down the sides. You just have to put up with it

errr, something does not make sense here

Yep, that's the law. Crap, isn't it?
Old 17 August 2008, 11:58 PM
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Originally Posted by dpb
Sounds like its some kind of reprisal then , if its the same kind of slosh AND the same colour im not sure where hes coming from

Id be polite whilst smirking gently and let him get on with it - its just going cost him money
In what way? If he wins, he gets the £90 he's claiming plus all court costs. That just makes us look like idiots for pursuing something we have no hope of winning, surely?
Old 18 August 2008, 12:02 AM
  #49  
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Originally Posted by TelBoy
Believe me Odds-on, this officious nonce WOULD pursue it. He threatened the builders who are doing a lot of work on the property with a £250 bill because of a - get this - ring mark from a cup of tea on their dining table. Ok it didn't reach court, but i wouldn't call his bluff unless i knew there was any chance of winning. Like i say, the law is black and white, proabably to help the courts in situations like this where they can just say "you cannot paint a neighbour's fence if it is theirs, end of story, £90 awareded against you plus costs". That's the outcome i can forsee, unless anyone knows different?
Sounds like you've got a live one there.

As I said, if a reasonable opportunity to put right a dispute is not given - and saying the side of a gate he can't see - is his case, I'd not panic. If you've offered to put it right, by painting the whole fence, then that's unreasonable on their part if they don't accept.

Can I be your Man In Court? I'll charge £500p/h against this muppet. No win, no fee obviously.
Old 18 August 2008, 12:07 AM
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I wouldn't take your offer because sadly, i think you'd lose. "Unreasonable" it might me, illegal it isn't. His fence, his property, whether he can see it or not.
Old 18 August 2008, 12:08 AM
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Originally Posted by TelBoy
Yep, that's the law. Crap, isn't it?
Have a word with dai, he'll sort him. The bloke sounds just like the one we have. A complete joke. Every site I have looked on, it seems to be a major problem. There is a lot of arseholes in this Country. Sorry, that is no help at all, is it
Old 18 August 2008, 12:12 AM
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Originally Posted by TelBoy
I wouldn't take your offer because sadly, i think you'd lose. "Unreasonable" it might me, illegal it isn't. His fence, his property, whether he can see it or not.
Small claims court requires that both parties make an effort to resolve the differences before hand.

It's easy to **** them off if you haven't.
Old 18 August 2008, 12:12 AM
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Well its seems hes got you unless you can reason with him

How exactley does he know youve painted the other side - was he trespassing
Old 18 August 2008, 12:16 AM
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Originally Posted by dpb
Well its seems hes got you unless you can reason with him

How exactley does he know youve painted the other side - was he trespassing
No as i mentioned, he has right of access, it's an Edwardian terrace so there are no alleys between the houses.
Old 18 August 2008, 12:18 AM
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Originally Posted by Odds on
Small claims court requires that both parties make an effort to resolve the differences before hand.

It's easy to **** them off if you haven't.

Are you 100% sure? And what would "an effort" involve in this case? My only option that i can see is trying to remove the paint, and to be honest with you that's probably more than £90's worth of hassle once you've got a sander or whatever it might take?
Old 18 August 2008, 12:19 AM
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Unfortunately, unless someone can up with something everyone else is missing, it looks like this is going to have to put down to experience. It's a **** take in my opinion, but it seems this bloke has nothing better to do than cause hassle for other people, it's probably what keeps him going.

Just as a slight aside, why has he put a gate in? I know you said something about access, but access to where? I don't know where you live, but maybe this is something worth looking at. If it's to your garden, then I would just erect a fence, and **** his access etc. If it's to public land, deny all knowledge of it being painted, just claim anyone could have done that.

Sorry I can't actually help in any way, but I hope something gets resolved, to not cause you too much hassle.
Old 18 August 2008, 12:20 AM
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You can end any risk of small claims court action by becoming the vistim of an act of random 'vandalism'. If theres no gate then theres no case to answer.....

From my initial question though, Im sure that you see where I was going? I doubt that itll have been the first slap (or threat of), that the Napoleon syndrome suffering little bollocks has received.
Old 18 August 2008, 12:27 AM
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Id be pretty sure thats exactly the reaction hes craving - dont give him the pleasure
Old 18 August 2008, 12:31 AM
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Originally Posted by TelBoy
Are you 100% sure? And what would "an effort" involve in this case? My only option that i can see is trying to remove the paint, and to be honest with you that's probably more than £90's worth of hassle once you've got a sander or whatever it might take?
You can never be 100% sure. The small claims court will normally be heard by local magistrates. ie Local business men/women.

A right royal **** take will be meet with their full force. Which will probably be against your neighbour.

(Their full force isn't much for him to be scared of TBH. Maybe £60 cost's.)
Old 18 August 2008, 12:32 AM
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Originally Posted by TelBoy
Whether it's too trivial i've no idea, i've never been taken to the small claims court. If i thought i could call his bluff then i would, but if you look at the legal sites, you simply CANNOT, under any circumstances, touch a neighbour's fence if it isn't yours, unless you ask permission first, or if you don't have the saddest **** on Earth living next door to you. It doesn't materially affect him in the slightest, he can't even see it unless he exercises his right of access and looks at it from the painted side.
Tel,

My old neighbour, about whom I complained about on here some time ago, mounted a part of his fence about two inches on my wall. It was on the side where I have an extension, can't even see it unless you get close, but was 100% on my property.

As him/they and I absolutely hate each other (their fault entirely I must add) I sought some legal advice on the matter. I was told it was 'de minimis' and too trivial a matter for the Court to consider.

I was amazed but there you go. Best advice on SN I received was move away and forget about it. I have moved away, but have rented that house out to the local council. I am sure they would prefer to have neighbours who own their own house as opposed to council tenants, but what do I care?

HTH

Asif


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