There is a slatted boundary fence between my neighbours garden and mine. Without asking the neighbour has started to treat their side of the fence with dark creosote. Inevitably it has come through the knot holes in the wood and has dripped through the spaces leaving an unholy mess. I have spoken to the neighbour who insists in continuing with the rest of the fence. How should I proceed/deal with this issue?
Can you please tell me who owns the fence or is it jointly owned? Also, whether this is by choice or by virtue of the site plan with your deeds describing it as such?
This fence is a boundary fence between two houses therefore it must be jointly owned. These houses were built 4 years ago and as I have a mortgage on the property the deeds are held by the mortgage company. I should have mentioned this a matter which needs to be looked at in terms of Scots Law.
sorry logged off accidentally
Thank you for your question.
You are now in the Scots Law section.
Your neighbour is entitled to treat their side of the fence as they wish, just as, of course, you are. The fact that they have made a mess of your side requires addressed but the only real way to deal with this is amicably. I would suggest a polite approach to them asking them to look at the mess and suggesting that they could return the fence to it's original condition at their expense. The only other option would be for you to either do the job yourself or have someone do it for you, both at your neighbour's expense I hasten to add.
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LLB (Hons), Dip LP, NP
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