Fence staining - neighbour unhappy

Fence staining - neighbour unhappy

Postby surroundsaund » Mon Jun 30, 2014 12:12 pm

Hi,

My neighbour travels alot has been away for the past 10months. The year before he was away for 9 months, he only comes to the UK during summer months (we've only been in our house for 2 years)

His house is in disrepair, his garden overgrown and front lawn completely unkempt.

Last week I treated the fence (his fence) from my side so as to preserve the longevity of it. He replaced the fence 2 years ago when we moved in so it is quite new.

I was unaware that I needed his consent to stain it - just naivety on my part unfortunately.

He has since returned from his travel and is not happy with what I have done (he saw me spraying the stain on the fence from his window). The stain will wear off in 3-4 years - and it will need re-doing - something I will for sure pass by him before I go ahead and do it.

I understand his concern (after my naivety was course-corrected). I simply wanted to keep the integrity of the fence.

He is an unforgiving soul who will likely ask me to replace his fence.

I dont expect I have a leg to stand on but any advice would be useful.

Many thanks
surroundsaund
 
Posts: 8
Joined: Fri Jun 27, 2014 11:24 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Fence staining - neighbour unhappy

Postby despair » Mon Jun 30, 2014 12:16 pm

alongside it was not your fence to treat those darn sprayers spray paint over all manner of nieghours walls , chairs tables etc ..............and the stain will not come off even with bleach

So IMHO those sprayers want banning and people should treat their neighbours property with more respect .............its not naievety its sheer commonsense and courtesy

you would not go and paint his car would you ????????????
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: Fence staining - neighbour unhappy

Postby surroundsaund » Mon Jun 30, 2014 12:34 pm

Thanks both for your quick replies.

Of course I would not spray his car - I cant get to it because of his overgrown front lawn :wink:

Apology done and explanation given.

He said he'll get back to me - he would be in his right to ask me to replace it, which is a shame as its quite a nice fence. He may - alternatively - ask me to pay him an 'x' amount to settle it.

I await his reply.
surroundsaund
 
Posts: 8
Joined: Fri Jun 27, 2014 11:24 am

Re: Fence staining - neighbour unhappy

Postby arborlad » Mon Jun 30, 2014 1:30 pm

surroundsaund wrote:
He is an unforgiving soul who will likely ask me to replace his fence.


Many thanks



There's no way that will happen, at the very worst, you have defaced something. Most timber treatments are compatible, one with another, they have to be, so you wont have damaged it.

This crops up frequently and just as frequently painting cars is mentioned. There is absolutely no correlation between painting a car and treating a fence, the circumstances surrounding the two are so far removed from each other as to make the suggestion ludicrous.

Spraying treatment can sometimes be contentious, but it is a cost effective way of doing it provided you follow a few basic precautions, not on a windy day, move or cover what's on the other side etc.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Fence staining - neighbour unhappy

Postby MacadamB53 » Mon Jun 30, 2014 1:37 pm

arborlad wrote:
surroundsaund wrote:
He is an unforgiving soul who will likely ask me to replace his fence.


Many thanks



There's no way that will happen, at the very worst, you have defaced something. Most timber treatments are compatible, one with another, they have to be, so you wont have damaged it.

This crops up frequently and just as frequently painting cars is mentioned. There is absolutely no correlation between painting a car and treating a fence, the circumstances surrounding the two are so far removed from each other as to make the suggestion ludicrous.

Spraying treatment can sometimes be contentious, but it is a cost effective way of doing it provided you follow a few basic precautions, not on a windy day, move or cover what's on the other side etc.

Hi surroundsaund,

the above is spot on IMHO.

I'd just send a 'sorry' card if I'd made a balls up of this magnitude - especially if it involves an unforgiving soul - probably accompanied by a bottle of wine or other gift.

Kind regards, Mac
MacadamB53
 
Posts: 6024
Joined: Mon Dec 10, 2012 12:13 am

Re: Fence staining - neighbour unhappy

Postby surroundsaund » Mon Jun 30, 2014 1:47 pm

I cannot thank posters enough for being a soundboard and taking the time to reply.

Will provide an update when I hear something. Fingers crossed for a mutual win for all parties.
surroundsaund
 
Posts: 8
Joined: Fri Jun 27, 2014 11:24 am

Re: Fence staining - neighbour unhappy

Postby alyson » Mon Jun 30, 2014 2:02 pm

Perhaps offer to stain his side to match?
You would have a well treated fence and he would have no more staining.
It would cost a lot less than a new fence, and keep the neighbour happy.

Alyson
alyson
 
Posts: 29
Joined: Tue Apr 29, 2014 1:43 pm
Location: Wales

Re: Fence staining - neighbour unhappy

Postby CaptainBill » Thu Sep 25, 2014 3:39 pm

I too have had a similar problem, I just painted the other side of the fence, at no cost to the neighbour - they were happy with that.

Good luck
CaptainBill
 
Posts: 7
Joined: Thu Sep 25, 2014 10:19 am

Re: Fence staining - neighbour unhappy

Postby Roblewis » Thu Sep 25, 2014 8:49 pm

I just wish my neighbour would let me round to treat my fence. I would not even mind if they applied a different colour than I have - but at least try to help its preservation.
Roblewis
 
Posts: 1764
Joined: Mon Jan 24, 2011 12:41 pm

Re: Fence staining - neighbour unhappy

Postby jdfi » Thu Oct 02, 2014 9:15 am

surroundsaund wrote:Last week I treated the fence (his fence) from my side so as to preserve the longevity of it. He replaced the fence 2 years ago when we moved in so it is quite new.



Are you sure (from reading your deeds and his) that it is his fence. Did you paint the side in your garden, or reach over and spray the side on his side?

Roblewis wrote:I just wish my neighbour would let me round to treat my fence. I would not even mind if they applied a different colour than I have - but at least try to help its preservation.

You are surely entitled to do this? If it's your fence?
jdfi
 
Posts: 444
Joined: Wed Jun 06, 2012 10:39 pm

Re: Fence staining - neighbour unhappy

Postby arborlad » Thu Oct 02, 2014 10:05 am

jdfi wrote:
Roblewis wrote:I just wish my neighbour would let me round to treat my fence. I would not even mind if they applied a different colour than I have - but at least try to help its preservation.


You are surely entitled to do this? If it's your fence?



There is no entitlement, it either happens through goodwill or an application to the courts.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Fence staining - neighbour unhappy

Postby jdfi » Thu Oct 02, 2014 11:36 pm

arborlad wrote:
jdfi wrote:
Roblewis wrote:I just wish my neighbour would let me round to treat my fence. I would not even mind if they applied a different colour than I have - but at least try to help its preservation.


You are surely entitled to do this? If it's your fence?



There is no entitlement, it either happens through goodwill or an application to the courts.


Or lifting the panels out and dealing wholly on his own land (if it's that sort of fence)?
jdfi
 
Posts: 444
Joined: Wed Jun 06, 2012 10:39 pm

Re: Fence staining - neighbour unhappy

Postby jonahinoz » Fri Oct 03, 2014 6:40 am

Hi,

Strange that your neighbour spent money on a fence without sorting his garden at the same time?

I suspect that he is taking advantage of your mistake.He has nothing to lose, and potentially a lot to gain ... even if it's a handfull of cash to compensate for his fence being defaced. He sounds like one of "Nature's Winners".

I'd make a reasonable offer in compensation, and if he refuses, let him take me to the Small Claims Court. No legal costs involved (not quite true). What have you got to lose? Surely little more than the cost of replacing his fence anyway, and the judge may be sympathetic. You have trespassed and defaced his fence, but what has he actually "lost". Of course, if you neighbour does not turn up for the hearing, because he is abroad .....

If I was forced to pay to replace the fence, I would want to keep the old one.

John W
jonahinoz
 
Posts: 1344
Joined: Fri Aug 05, 2011 5:15 pm

Re: Fence staining - neighbour unhappy

Postby despair » Fri Oct 03, 2014 7:57 am

I suggest the OP tries being on the other side of a fence sprayer and sees the damage done to anything in its path and no the stuff does not wear off in 3 to 4 years its stains permanently

even bleach will not shift it
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: Fence staining - neighbour unhappy

Postby arborlad » Fri Oct 03, 2014 8:24 am

jonahinoz wrote:Hi,

Strange that your neighbour spent money on a fence without sorting his garden at the same time?


John W




On the contrary, if the neighbour has limited time and resources, I think he has spent his money wisely.




jdfi wrote:
arborlad wrote:
jdfi wrote:

You are surely entitled to do this? If it's your fence?



There is no entitlement, it either happens through goodwill or an application to the courts.


Or lifting the panels out and dealing wholly on his own land (if it's that sort of fence)?


If it can be achieved without trespass, even a crooked elbow into the neighbours airspace is a trespass.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Next

Return to Fences

Who is online

Users browsing this forum: No registered users and 6 guests

cron