Neighbour from hell threatens to sue homeowner for wanting to paint garden fence while he threw BBQ

A homeowner has found themselves embroiled in a bitter dispute with their neighbour after turning down two requests for garden access to paint a boundary fence while he threw a BBQ.

The resident, who sought advice online, explained that the first refusal came during the May heatwave.

Their neighbour appeared at around 3:30pm to ask to paint his fence from their side.

The homeowner wrote on social media: "I said 'yes, but can we leave it for today as we're having a BBQ (which was starting at about 5)'. He seemed miffed and said it was his only day off for a week and he wanted to get it done."

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The second incident occurred on a Friday evening when the homeowner's wife had to decline because six grandchildren were celebrating a birthday with a hired bouncy castle in their compact garden.

Following the second rejection, the neighbour sent a WhatsApp message to the homeowner citing legislation he believed supported his position.

The message read: "Access to Neighbouring Land Act 1992: For properties in England and Wales, if your neighbour refuses access, you can apply to the County Court for an 'Access Order'.

"This is typically granted if the works are 'reasonably necessary' for basic property preservation (such as fixing a roof, maintaining boundary fences or clearing drains) and cannot be done without entering their land."

The neighbour then issued what the homeowner perceived as a threat, writing: "Now you've read this, can I have access to the property when I want to next time? I work more hours than you and can not give you notice and don't have to. Let's not start something and force me to take legal action."

However, legal experts suggest the neighbour's interpretation of the law may be flawed.

According to a Partywall expert, individuals cannot simply demand entry to a neighbour's property without consent.

The expert told the Mirror: "You ask him politely if you can enter his land to put up a scaffold or ladder so you can work on your gable end or paint the fence for example. Your neighbour declines to let you onto his land. That is that, no permission, no access."

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The expert further warns that entering someone's property without authorisation could result in legal consequences for the person attempting access, not for the homeowner who refuses it.

The expert explained: "If you decide to ignore your neighbour's refusal to enter his land and you decide to do it anyway when he goes out, your neighbour could bring an action for trespass against you even if they have not sustained any actual physical damage."

Those who responded to the homeowner's Reddit post offered practical suggestions for resolving the matter.

One commenter noted: "If he takes legal action, all that will happen is that you'll get advanced notice of a date he can come and paint the fence. Which is what you wanted."

Another respondent pointed out that pursuing the matter through the courts would not grant the neighbour unrestricted access.

They added: "I imagine a court would also look extremely dimly on someone who will be granted access if they just gave reasonable notice."

One user recommended simply requesting 24 hours' notice, suggesting this should be straightforward for any reasonable adult to accommodate.

However, others cautioned that any formal legal proceedings could complicate a later sale, as such disputes must be disclosed to potential buyers and may affect the property's value.

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