Tue. Nov 26th, 2024
alert-–-i’m-a-fence-expert…-here-is-what-to-do-if-a-nightmare-neighbour-paints-their-sideAlert – I’m a fence expert… here is what to do if a nightmare neighbour paints their side

Nightmare neighbours who make a fuss of a shared space are the bane of many Brits across the UK. 

One such issue is how to divide the shared space of a fence? Can you paint your side a different colour to your neighbour? How much of it can they paint? Are they even allowed to do so in the first place?  

Fortunately for anyone struggling with the answers to those questions, a fencing firm has shared what to do if your neighbour gets the paint brush out.

Timber, building and fencing supply company Lawsons has shares information on who is allowed to paint a fence when it comes to neighbours.

The company said: ‘Only the owner of the fence may make any changes to it, even where the other side of the fence is on neighbouring property. 

‘As the owner, you must keep the fence in good repair and ensure that it is safe and does not present any danger to those around it.’ 

Citizens Advice also warns that you are not permitted to alter your side of your neighbour’s fence without their permission. 

Your neighbour is also under no obligation to change their wall or fence – such as altering its height for extra privacy – just because you want them to.

If you believe the fence is dangerous, you should point this out to them as they may not be aware of the risk.

This is because your local authority has the power to order them to repair a dangerous wall or fence if they do not do so themselves.

There is no legal basis for claims that owners are always responsible for a certain side of their boundary. 

The same applies to whether the fence posts are on someone’s side.

Instead, the first place to start is the Land Registry to obtain a copy of the title register, title plan and any ‘filed’ deeds for both your own property and your neighbour’s property.

These documents can be obtained for £3 from Gov.uk for homes in England and Wales and Scotland’s Land Information Service for those in Scotland.

If you pay for a fence to be replaced and it wasn’t your fence, The Land Registry explains that while you own the materials, your responsibility for the boundary remains dependent on the agreement with your neighbour.

This can change over time, for instance if you get a new neighbour – or if you change your mind.

Boundary disputes can be complex and it is worthwhile getting some legal advice if a dispute is in danger of flaring up. 

If a dispute continues, it is ultimately a court that makes decisions, but the Land Registry’s Adam Hookway says they do not like such disputes being put before them.

There are other organisations that can help you before things get to that stage. 

The Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association have created a mediation service to help neighbours resolve disputes about their property boundaries without resorting to court action. 

RICS also provides a list of surveyors who could assist in boundary disputes.

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