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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good afternoon my property has an alley to the rear 3ft wide

Resolved Question:

Good afternoon
my property has an alley to the rear 3ft wide which we have a right of way
one of the property owners at the beginning of the alley has painted their complete rear fence bottom to top with anti climb paint on the alley side
is this legal as this alley is used by various families

many thanks
colin
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 :

Whilst you can not stop them from painting the fence, you could claim off them if damage is caused.

Alex Watts :

Therefore you get paint on your clothes they would be liable in negligence

Alex Watts :

This is because they painted it knowing a risk of damaging your property etc

Alex Watts :

So whilst you can not stop them painting you can claim for any costs involved as a result of damage

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

hello i would like to point out this type of paint used is a non drying kind used to deter the climbing of a fence or wall

Alex Watts :

Yes I understand.

Alex Watts :

But whilst you can't stop them painting it - any damage caused can be claimed as negligence.

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?

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