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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I have let my neighbour onto my property to build her extension

Customer Question

I have let my neighbour onto my property to build her extension under the party wall act at which point she started allowing her dog to attack me a large collie that went to court and i was awarded damages that were payed by her police officers were also injured in that incident this led to me erecting a fence on the boundary that we are both responsible for and this fence has reamained for 5 years or more this year my neighbour took away the fence panals and after the police were called i got them back via another neighbour anyway this week i have painted said fence mainly in my own garage but 2 panels are 6foot high and these i painted in situ and left a note advising of wet paint my neighbour screamed at my elderly mother as she came home with me tonight that i have trespassed and can never paint my fence again is this right?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question.

tdlawyer :

My name is Tony.

tdlawyer :

Why does she say you have trespassed, are the panels concerned in her garden?

JACUSTOMER-9xzywn4l- :

the panels are at the front of the property leading to the side entry gates of both homes. I have not gone further than a postman or other delivery person would go.

tdlawyer :

So are you not sure whether they're on your land or hers?

JACUSTOMER-9xzywn4l- :

they are approximately on the boundary originally the boundary was belonging to that property not ours when houses first built but a previous owner to us made it a jointly managed boundary on the deeds. those that made this arrangement sold to us and later that property was sold and the new owners removed the boundary marker and put in a driveway at the front which was ok the gent was a surveyor and stated they had not kept exactly to the the boundary but not deviated far from it either they then sold and current neighbour moved in who built an extention which she served notice under the party wall act and used our premises to build her extension from then once finished she moved boundary fence in our property direction and the police were called but could not do anything thay advised legal action i still have plenty of space so i erected a shed against the fence and hard ground so it cant be moved again easily the fence i then pit in continued from this fence aliong the same line as the dog was such a nuisance.

tdlawyer :

If they are your panels and they face on your paperty, then painting them will not be trespass to your neighbours property.

JACUSTOMER-9xzywn4l- :

they are my fence panels and all but two were removed to paint in the garage as it was raining are you saying that the two six foot panels on the side that faces the neighbour cannot be painted by myself without removal or permission by her? which leads to can she paint them though they are mine?

JACUSTOMER-9xzywn4l- :

Also what penalties can they impose legal action via courts I want to know! I covered the area did no damage I did take a photo in case she causes damage herself.

tdlawyer :

Okay. If they are all your fencing panels, you can paint them whatever colour you like, even the side that faces your neighbour.

tdlawyer :

on that basis, you'd be entitled to paint the two that were not removed

tdlawyer :

Your neighbour cannot complain about the way you choose to paint your own property.

tdlawyer :

This is, you will appreciate, a completely different issue as to whether the panels on her land.

tdlawyer :

You can only go on her land with her permission.

tdlawyer :

It sounds to me, however, as though these are not on her land and if that is right, then you are free to continue as you have always done.

tdlawyer :

As for penalties, if you have painted her property (I know you say this is not the case) then she would be entitled to the costs to put that right.

tdlawyer :

If, however, you put the panels on her land, should be entitled to have them removed. If necessary, she could issue court proceedings and obtain a court order to require that, but again, you say that these are not on her land.

tdlawyer :

It sounds to me as though you have very little to worry about. If, however, you want the added reassurance of somebody looking at this, in person, then it might be worth speaking to a high street solicitor in your area who can come out and give you an opinion on that.

tdlawyer :

I hope this answers your question, and if so, please do remember to rate the answer for me so as to close down the chat.

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