My neighbour put up a new fence but says I can’t paint my side. Can he stop me? Consumer lawyer DEAN DUNHAM KC replies

My neighbour has put up a new fence and won’t let me paint my side of it. 

It’s making my garden look ugly and disjointed but he insists the wood needs to ‘breathe’. What should I do?

Name and address supplied.

Dean Dunham replies: I am afraid your neighbour is right on the fundamental point, even if his ‘breathing’ explanation is nonsense. The crucial question here is one of ownership.

If your neighbour erected the fence, on his land, then it is his fence and therefore his property, in the full legal sense.

In these circumstances you have no automatic right to paint, stain, alter

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