kingandy2nd said:
"OP : Prove it.
Angry neighbour : errrrrrrrmmmmmmm.
In a civil court there is no requirement to provide proof to the same standard as a criminal court - it only needs to be assessed on the balance of probabilities. If the fence was not painted before the neighbour went on holiday but was on their return then they simply need to prove they were on holiday when it happened and I would be very surprised if a judge did not find in their favour. For the fence to be painted someone would need access to the OPs property for a long period of time, and without a police record of a reported break in I doubt the OP would have any chance.
It may sound ridiculous but that's the system.
Besides, she ought to be grateful that you wanted to paint your side in the first place, as anything you treat it with, you're spending money on preserving someone elses fence.
We don't know if it applies to the fence in question, but a good quality treated fence should never be painted, and certainly not on both sides, or it will trap moisture and accelerate its demise. A properly treated timber fence costs 4-5 times the cost of DIY-shed timber fence, but it will last 40 years before falling down rather than 5.
As for informing potential buyers of disputes, unless she does something "official", does it count as a "dispute"?
Yes it does. A silly dispute over a fence or hedge can knock 10% off a sale price when declared. Assuming a national average price of £180k would you risk a dispute that could cost you £18k?
As there appears to be history between these two neighbours I would not buy either property if they came up for sale, even with 10% off. The stress of living next to an unreasonable neighbour takes years off of your life.
I would expect most solicitors to advise against that course of action.
Whatever the legalities of the situation, realities have to be considered, and taking someone to court because they painted the side of your fence which you cannot see does not seem to be a rational course of action. Courts tend not to look favourably on frivolous actions.
A solicitor will do whatever their client asks of them, within the law (and sometimes bordering on the edge of it), for as long as the client continues to pay them. As mentioned though making a claim for criminal damage through the small claims court does not require any form of professional representation. You can do it yourself for a tiny fee. And the OPs actions, however misguided by good intentions, are still criminal damage. If I painted the passenger side of your car would you be happy to say "oh well, never mind" as you can only see it from your neighbour's drive? Of course not, you would sue them for criminal damage and the cost of respraying your car.
As the neighbour has declared they do not wish their property to be painted then the OP has only two options if they don't want to leave the fence as it is:
1) Build their own fence tightly against the boundary (stagger the posts so the gap is minimal). Duplicating boundary features is prone to future boundary disputes so make sure it sits against the boundary and photograph it to show the position. Ensure any future owners of either property know that it is your fence on your land facing the boundary and not astride it.
2) Plant suitable shrubs, etc, that will grow up to mask and soften the fence.
