UK question. Neighbour demands to be allowed in our garden to creosote his fence what rights does he have?

by **nickson** » Tue Jul 31, 2012 5:31 am

1) Our annoying neighbour put up a high wooden fence some years ago, between our garden and his. Now he is demanding that he be allowed to enter OUR property so he can paint his fence in stinking creosote. He says things like the fence cost him £300 to build but no one asked him to build the thing, he could have simply put up a mesh fence. I'm prepared to let him in maybe in autumn when everything has died down, but he won't wait.

2) He also seems to think he has the right to dictate what we plant on our side of the fence. I do make sure anything I do plant or build does not touch his precious fence. I mean ok I would not plant a 50ft high Leylandii or anything thing like that, but he doesn't want any trellises withing a certain distance of his fence etc.

I have spent a lot of time and money making this part of the garden nice with bedding plants, shrubs etc. Its the middle of July the weather is nice but until now we have been unable to sit in our garden for the last 2 months due to the wettest summer on record. If he creosotes his fence on our side we won't be able to enjoy the garden for the obnoxious smell, now to mention that we have a fruit tree next to the fence and the fruit will be inedible. Last time there was creosote splashed all over the place and he cut down one of our shrubs because it was too close to his fence!

1) Does our neighbour have any right to be on our property to paint his fence?
2) Does he have any right to dictate what we plant within reason on our side of the fence?

by **regenweald** » Tue Jul 31, 2012 5:38 am

1) Yes, he does in accordance with the Access to Neighbouring Land Act 1992.
2) No he doesn't.

by **larry** » Tue Jul 31, 2012 5:39 am

There are plenty of other fence painting products available that don't smell at all and are much easier and more effective and cheaper than creosote - you could always sit in your garden and watch him do it ?? - Update - they do a nice bright yellow, do it yourself !!!

by **ear** » Tue Jul 31, 2012 5:52 am

I am not in the UK................I am in USA...but I am a home owner and i think he is way out out of bounds. I would call your local police office and speak to your sherrif or who ever is in charge and tell them about this. if you have home owning laws then you have laws of tresspassing. I do believe your rights start where his rights end...thats the actuall fence itself.......when he steps on your property thats when he is tresspassing. he can dangle from a helo or have a crane lower him but i do believe his feet on your property is tresspassing.
and...unless you are planting soemthing that grows on his...............he has no rights to what you plant.
as I say i would take this a bit further and call your local police and ask about this.....it looks like his demands are to intimidate you........................what i would do is...and this is me....I would
make sure i had a nice big dog that bites and then when he told me he wanted to treat his fence on my side.....I would tell him..." dont let me catch you in my yard.....and also... watch out for the dog,
I would grow some poison ivy along the edging...and lay some barbed wire about 3 feet high......and show it to him on some nice afternoon..............and tell him.... stay out!

he is lucky he doesnt have me for a neighfor..................he would never even think to demand anything. I would have everything from barbed wire to a man eating dog waiting for him.....do call and find out your rights and dont let this bully continue

jean
I

by **francisco** » Tue Jul 31, 2012 5:54 am

1) Your neighbour has no right to be on your property to paint his fence. It can remain unpainted if you wish.
2) He has no right to dictate what you plant on your side of the fence, he really is pushing his luck.
3) Creosote is now a banned substance, he shouldn't be using it. Report him to Environmental Health.
http://www.wychavon.gov.uk/cms/housing/housing-advice/public-health-advice/european-creosote-ban.aspx

by **eadweald71** » Tue Jul 31, 2012 5:57 am

He has to have permission from you to be on your land, he cannot dictate what you do on your property phone your local council and find out where you stand with the fence you should be able
to paint it with what you want i am not sure but it sounds to me that he is bullying you and you need
some authority involved to put him in his place. You will only make things more difficult by trying
to sort it out yourselves he has no rights at all to be or do anything on your land unless you say so.

by **flannagain** » Tue Jul 31, 2012 6:02 am

He has no right here, none whatsoever.
I'd wind him up and tell him I am going to paint it myself, with a colour of my own choosing !

by **mads** » Tue Jul 31, 2012 6:10 am

Tell him to go to h*ll and let him figure out what to do about it.

by **broehain61** » Tue Jul 31, 2012 6:18 am

im a builder ..yes people have a right to maintain their property ..but i don't think both sides of a fence ..and even if he was within his rights ..i would never allow anybody to use creosote in my garden ..its dodgy stuff ..ruins plants and dangerous to animals ..couple of years ago i was working at a farm .was there when the vet done an autopsy ..seems the pig licked a fence post ..it was creosoted ..just a tiny amount in stomach ..killed him ..tell him can do it but with something else

by **hwistlere31** » Tue Jul 31, 2012 6:24 am

If the fence is planted on his land then he has every right to come in and maintain it which will include painting it but he must give you 24 hours notice. Also he has every right to forbid you to grow anything on what is his fence.

Now regarding creosote it is illegal to use the old smelly type so you won't have that smell to put up with, and nothing in your garden should suffer any damage, and the apples will still be edible. People still use the word creosoting although they actually don't.

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