My neighbour approached me last weekend saying he wanted to paint my side of the high wall separating us towards the end of summer when it has dried out ( It is already painted and looks fine to me ) First time he has been near me and it's to tell me what he is going to do ? The other three neighbours welcomed us when we moved in, but not him. I'm not very happy about this, as I have it all landscaped with bromeliads under trees and it looks very nice. The previous owner warned me about him saying he is to be watched ; apparently he mutilated some of her trees trimming them back. Your advice would be greatly appreciated. I will check back later .
johotech,
Sep 2, 8:56pm
If the wall is on the boundary, and "your side" is your side, then it's simple, just don't give him permission to paint it.
mm12345,
Sep 2, 8:59pm
Say how thankful you are and offer to help him trim/tie back shrubs and trees etc. Get some beer to give him when he's finished.
You're truly on a hiding to nowhere by getting into a dispute over it now.
I suspect many people would give anything to have a neighbour who was eager to paint a fence to replace the neighbours they have who let their place run down, fill up with junk, weeds etc. That's a far more common problem.
rosejenny38,
Sep 2, 9:08pm
But he would have to trample all over my garden, my lovely bromeliads. It doesn't bear thinking about .
kids4ever,
Sep 2, 9:17pm
just say, thanks all the same but when i am ready i will do my side, and just leave it at that, or just bluntly say if he gets weird, NO my side i will do myself sometime, end of story, We have a neighbour that he thought could rule the roost when he moved in , we said no , he still said he was doing it so i rang the solicitor to get our rights and relayed it to him and if they want a letter sent to their solicitor i can arrange that. He shut up smartly and now the place is going on the market, great. Just put your foot down.,and definately don't buy him any beer like someone said also if you have to get a tresspass against him going on your property, whats it to do with him anyway
koru67,
Sep 2, 9:21pm
Is the wall that he is wanting to paint actually the end wall of his house/unit not just a garden wall/fence unattached to his dwelling?. For him to want to be painting it I presume it is the end wall of his house/garage whatever. If you own, check your property plans. There is most likely an easement (don't know if that is the correct term) noted allowing access for maintenance. As for the broms, lift them and replant them after he has painted. Saves them getting squashed and splattered in paint.
trad,
Sep 2, 10:15pm
I only own 300mm of land on one side of our house so always ask neighbour if I can go onto her property to paint that side of the house. It is an old Villa, built 1910.
kcc55a,
Sep 2, 10:52pm
A Trespass Notice should stop him
fast4motion,
Sep 3, 12:42am
Is it a block wall, and does it form one side of his garage? If so, he may want to paint it in order to seal it from rain water ingress.
macandrosie,
Sep 3, 2:11am
Can you put up a picture of the wall?
oakcottage,
Sep 3, 2:43am
Just say no. Trust your gut. Your side of the fence. Your choice. Don't worry if he is upset. Better than you being upset whilst he is painting it.
waipawa,
Sep 3, 3:25am
Why would he even want to paint your side of the wall? (Given that he appears to not be a friendly, good neighbour type).
mm12345,
Sep 3, 4:30am
Goodness. If the fence was his, and he needed to maintain it from the other person's side, then and ask for a court order forcing you to grant access , which I expect would be granted if his request was reasonable.
Pretty common problem with builds/alterations, where neighbours incorrectly think that they can put a spanner in the works by denying reasonable access.
spiritofgonzo,
Sep 3, 7:06pm
So . the neighbour approaches you with request and you don't want him to, so you nicely say 'no thanks'. What was the question ?
spiritofgonzo,
Sep 3, 7:08pm
it's a wall, not a fence
ira78,
Sep 3, 8:13pm
I don't get all the hostility here, sounds like this guy wants to some reasonable maintenance on his structure and has asked for permission. Everyone's jumping up and down assuming some evil ulterior motive and that he's going to make a point of trampling all the plants and making a mess. I see no reason to assume he won't be happy to take reasonable precautions if you don't come at him so hostile and territorial.
budgel,
Sep 3, 9:05pm
The guy sounds like one of those 'tidy freaks' who think that plants should have a haircut every month! The reason that the OP is assuming he wont take reasonable precautions is that there is evidence of him not having done so in the past. If the wall he wants to paint cant be seen from his place tell him no!
mm12345,
Sep 3, 9:28pm
There's "hearsay" (AKA "gossip") - not "evidence" - that he mightn't have taken reasonable precautions in the past. Plenty of assumptions made from there which make me glad that people in NZ don't routinely own guns. If it's his wall (or fence), and legally built, but he needs reasonable access to OP's property to maintain it, but the OP refuses to grant it, then he can get a court order to gain a legal right to access that neighbour's property. Refer section 319 and 320 of the Property Law Act 2007. He's only required to give 5 days minimum notice, but has given over 6 months. From there, it depends how much money your lawyer might be prepared to charge you in order to fight what's probably inevitable. A good lawyer should hopefully suggest you sort it out in a good "neighbourly" manner, rather than behave like nesting seagulls.
underconstructy,
Sep 3, 11:14pm
Sounds like you want to say no, just to start an argument with him.
juliewn,
Sep 4, 11:28am
I hear your concern - I wouldn't want someone painting my side of the fence if there was a special garden there. I'd write a note, keeping a copy, saying I was happy with my side thanks.
koru67,
Sep 4, 8:11pm
I do wish OP would come back and confirm if this "wall" is in fact the end wall of this guys house/garage etc, in which case he has every right to paint it and maintain it.
mkbooks,
Sep 4, 9:23pm
Yes, put it in writing, + keep a copy-hand deliver it to his door so that he can't say that he didn't receive it.
russ18,
Sep 4, 10:34pm
True but OP also has every right to not allow the neighbour on their property.
mm12345,
Sep 4, 10:52pm
Not in that case they don't. In plenty of circumstances - others have a perfect right to access your property, either an automatic right enjoyed by many officials, or in that case a right for which they can and probably will be granted a court order if their request for access is reasonable.
nukhelenc,
Sep 5, 7:24am
A picture says a thousands words. And there isn't one. You will have noticed that most people in DIY never seem to be able to put picture up, for what ever reason
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