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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11157
Experience:  30 years as a practising solicitor.
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I put up a fence on the boundary between mine and my neighbours

Customer Question

I put up a fence on the boundary between mine and my neighbour's garden. Can I paint their side of the fence anything I like because I paid for the fence. Also if I do that are they entitled to paint over what I paint or is that considered vandalism?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

No a boundary fence once in position is In joint ownership irrespective of who paid for it. In any event you don't have a right of access to their garden to paint the fence.

The fence is in common ownership if it's on the boundary.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

My deeds say I can access their land to maintain my property. There is also no law of trespass in Scotland. Are you absolutely certain of what you are saying? This is in Scotland

Expert:  JGM replied 3 years ago.
If the deeds give you access for property maintenance that is fine. If they had not then you would not be permitted on their land. That there is no law of trespass in the English law sense does not give someone the automatic right to access their neighbours property.

However, it doesn't matter in your case as the fence is jointly owned and is not your sole property.

And yes, I am a Scottish solicitor, so I am absolutely certain of what I am saying.
Customer: replied 3 years ago.

ok so now can I paint their side of the fence as it is jointly owned

Customer: replied 3 years ago.

what is the legislation that covers this issue in Scotland I would like to see it for myself

Expert:  JGM replied 3 years ago.
You can paint their side of the fence. They can also paint their side of the fence. The law of property and rights of access in Scotland as it applies to common property is not codified in legislation. It comes from the common law so you would have to look up law books such as Halliday's Law of Conveyancing and Professors Cusine and Paisley's book Servitudes and Rights of Access. You would need to visit a law library or order via your own library.
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