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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My house is at the end of a cul de sac. A neighbours house

Resolved Question:

My house is at the end of a cul de sac. A neighbour's house sits across the top of my driveway, side on, and previously he gave permission for me to paint his boundary fence that borders & faces the front of my house & driveway. He has recently had the fence repaired due to storm damage and because he is furious that I didn't accept blame for the storm, and therefore didn't pay for the repair, he is now refusing me permission to paint the repaired bits that don't match, nor touch his fence, which borders my property, even though his ivy is also encroaching all over my side. Can he legally insist I don't touch his fence in any way, nor paint it?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Has he given a reason why he will not let you paint it? Is there anything in your deeds that gives you the right to paint please?
Customer:

No dont think there is anything about fencing in my deeds other than the land in front of the fence is all mine to maintain. Its a bit hard to explain, but my house has a front garden which I have changed from grass to slate, and the two car driveway approaches from the top right, so on the original plans I have an "L" shaped piece of land.

Customer:

The long part of the "L" is only about 2-3 wide, but it 30-40ft long.

Customer:

The neighbours claimed that my tree pulled their fence down in the recent storm, when I went to repair the damage two seperate fencing experts told me it wasn't my tree that pulled the fence down, but rather their fence that had pushed my tree down. I forward one of the professional reports outlining why the damage sustained could not, logically, have been my fault. They repsonded petulantly by pushing the fencing all over my drive & then went on holiday, leaving me without access to my own property. I I had the fencing put back into their garden, and then when work was completed by them, I received a horrible vitriolic letter which amongst other things forbids me to touch the fence in any way. I simply wanted to find out if they can demand that. I do not want to escalate it into any sort of legal dispute, not would I take it any further. I absolutely do not want it on record that there is a dispute as this would affect sale of my house. But as an interior designer whose house can act as a showcase, having a fence that has posts and gravel boards that dont match, or untamed ivy all over it on my side, isn't my choice, and I have previously trimmed the ivy on my side, and painted the fence so that it was pleasing to look at. They know this, and are just being petulant and childish, but I thought it prudent to check out the legal ruling on this. Not make a really big deal of the situation. And if contacting your website leads to that, then this isn't what I either intended or want.

Alex Watts :

Thank you. Its bad news I am afraid.

Alex Watts :

If there is nothing in your deeds then in law then you are not permitted to paint it.

Alex Watts :

This is because it is his fence and only he can give permission for it to be painted, which he can refuse.

Alex Watts :

If and he does refuse, in reality there is nothing you can do - it is his property.

Alex Watts :

Your only solution is to try and reason with him or put up your own fence on your side and paint it - he can not stop you doing that.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Can he also stop me cutting away the ivy growing on my side?

Customer:

He originally did give me permission to paint the fence, now he withdrawn it

Customer:

out of pique, just so he knows it will aggravate me looking at a less than pristine fence.

Alex Watts :

If the ivy is on your side then no, he can not stop you.

Alex Watts :

But by law you have to offer back the cuttings.

Alex Watts :

Does that help?

Customer:

I know I can erect my own fence, in front of his, but it seems so petty!

Customer:

And thank you for info re Ivy, in the past his wife, who shouts like a fishwife

Customer:

screamed at my gardener for trimming the ivy on my side, and I lost my gardener because he would not come here again, because he did not appreciate being screamed at! He was Mauritian, lovely, sweet, gentle man, who was a really great find!

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

And finally, thank you so much, the vitriolic letter, devoid of any facts, and totally without any accountability on his side, left me ignoring the whole thing with the contempt it deserved, but I could not ignore the last sentence, and I needed to check it out wth someone who knew the law, properly. I really appreciate your advice, know I can now cut the ivy with impunity, but dont know how to offer back the cuttings, as the last thing I want to ever do again, is talk to them. Talking calmly to them was never an option, and I am one tired lady of 67 living on my own, & they are similar age, but two of them, neither of whom are educated, reasonable, nor do they hold themselves accountable, but everything is all my fault. And now of course, in permanent pique, they keep parking their cars, and encouraging their visitors to park likewise, so that it completely blocks my driveway entrance. So far I have been able to negotiate around their obstructions, but I dont think any emergency services could I have been advised to contact my local community officer and start a file, but again, this would have to be declared upon sale, and I am currently debating whether to just move, despite the cost, hassle and inconvenience. when I bought house 8 years ago, I thought it would be my very last house purchase, and have renovated accordingly perfect for my needs. So sad!

Alex Watts :

Indeed it is so sad.

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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