Pressure Treated Fence Warranty Dispute

[stem]

My neighbour has just presented me with a quotation for almost £600 to replace a pressure treated fence he erected about 5 years ago and asked me to pay for it.

His claim is that the fence has rotted but he cannot claim against the warranty because we treated our side of the fence with an additional preservative about 2 years ago and because pressure treated fencing should not receive additional treatment I have made the warranty void. Is there any truth in this claim?

Ironically, whist part of the neighbours side of the fence has rotted in places, my side still looks like new.

He also states that we didn't ask his permission to treat the fence beforehand, I think we did, but it's so long ago I can't be sure and certainly can't prove it. Is this an issue?

 

[Thermo]

any treatment to a fence will only serve to prolong its life. where has it rotted through on his side and who supplied and installed it? what type of fence is it?

 

[breezer]

offer him your old jacket, ask him would he like to try that on too?

I cant say if he really is "trying it on" or not but you have painted your side, but in doing so your side is better than his.

Perhaps to save things getting too bad you should point out to your neighbour that your side is in better condition than his is.

I would also take pictures now incase "some thing happens" and if you can, take pictures of his side too

 

[LeadFarmer]

I think the cause of this problem is that your neighbour is an arse, and you have my sympathies.

I dont trust the claims made by manufacturers when they say that pressure treated timber doesnt need additional treatment. The first thing I do when I buy pressure treated fences/posts, is treat it with preservative. Timber + rain = rotten timber. Surely preservative just delays the rot, so I think you did your neighbour a favour by treating it.

If my neighbour didnt treat his side of my fence then I would ask permission to do it myself.

Ignore your neighbours claim, he hasnt got a leg to stand on.

 

[stem]

who supplied and installed it? what type of fence is it?

My neighbour installed it. I don't know who supplied it. They are shiplap panels with concrete posts and gravel boards.

I came across another forum (not DIY) that contained some threads on legal issues where a similar topic was raised and the general consenous was that if someone other than the person who paid for the fence paints it, or fixes anything to it, that constitues criminal damage. I've not been able to confirm this, as no one quoted the source of this statement.

 

[stem]

I would also take pictures now incase "some thing happens" and if you can, take pictures of his side too

Good idea

 

[JamesA]

I would ask if the warranty is worth the paper its written on?

I got a warranty by buying from Focus (they were the only people with fence panels during the national shortage).
I wonder if I'd actually have to return the panels to the shop to claim this which isn't going to happen.

If this is the case, is he actually going to return the panels?
There's no point worrying about the treatment if there are basic other reasons why he's never going to get his money back.

 

[big-all]

ask to check the g/tee for the relivent clause
my suspicions are it dosnt exist

i would also say its unfair conditions on a contract if it does exist as further treatment cannot excelerate the rot unless it hold water in

 

[LeadFarmer]

[quote="stem";p="1191320
I came across another forum (not DIY) that contained some threads on legal issues where a similar topic was raised and the general consenous was that if someone other than the person who paid for the fence paints it, or fixes anything to it, that constitues criminal damage. I've not been able to confirm this, as no one quoted the source of this statement.[/quote]

I wouldnt worry about the criminal dmage side of things. The offence of criminal damage requires a degree of 'intent' or 'recklessness'.

So, you would be guilty if it could be proved that when you treated the fence you were intending to damage it.

And likewise, you would have been reckless if when you treated the fence you should have known it would damage it.

As the intention to damage was never there, and you werent being reckless when you treated it, then you havent committed criminal damage. And even if you had intended to, or were being reckless, it could never be proved because you would no doubt say you were trying to preserve the fence and not trying to damage it.

 

[mattylad]

Just as your likely to get told on the Gardenlaw website, tell him to go away.

Yes take plenty of photo's of your side & the corresponding rotten bits on the other side.

As for the bill of £600, return it to him suggesting that he sticks it where the sun dos not shine

How big is this fence that only the panels amount to £600?
Panels can be got for under £20 each at B&Q so it must be a really big fence?

In future remember that you are not allowed to paint, stain, attach to or lean anything on - your neighbours fence without their permission even though 1 side of it may be facing you.
If you do go halves on the cost of replacing it, obtain a confirmation from them that they will contribute to it's upkeep too including regular maintenance.

 

[stem]

How big is this fence that only the panels amount to £600? Panels can be got for under £20 each at B&Q so it must be a really big fence? .

There are 14 panels, but because the neighbour has excavated his driveway, there is a short brick retaining wall that the concrete posts are set in, this means that full sized panels would be too tall for the remaining length of the posts protruding from the wall. Therefore the panels are a non standard height, and so my neighbour says they have to be specially made.

I've just realised too, that the quotation he has presented to me is from his own design company!

In future remember that you are not allowed to paint, stain, attach to or lean anything on - your neighbours fence without their permission even though 1 side of it may be facing you.
If you do go halves on the cost of replacing it, obtain a confirmation from them that they will contribute to it's upkeep too including regular maintenance.

Could you provide me with a source reference to this, it's not that I don't believe you, as I've heard this from several sources, but it would be nice to have the official origin.

 

[mattylad]

My source is on the Gardenlaw website, it gets quoted often.

Basically, if it is someone else's property then your not allowed to do anything to it.
Common law I think.

 

[stem]

UPDATE

The warranty issue went away when I asked the neighbour to prove his claim of the invalidated warranty and said if he could, we would consider it.

Several months have passed uneventfully, but whilst I was on holiday he removed three of the panels, one he painted bright yellow on one side, another he painted blue on one side then he replaced them with the colours facing me. The third which is at the side of his garage he has left out altogether.

So from his side the fence looks the same as it always did, but on my side it has a gap, one blue and one yellow panel.

Can I do anything about this?

 

[taycast]

If its his fence, no.

Does this fence run along the boundary as indicated on the title plan with the deeds, or is it inside his boundary? If unsure, speak to your solicitor to establish whose land the fence is on.

If its inside his boundary I would think about having nothing to do with his fence and putting up your own screening or fence on your side, which you find pleasing to your eye. If it runs along the line of the common boundary, then he should never have put up this fence without explicit agreement between you and him.

These types of disputes are notoriously difficult to reslove amicably, and usually end up in neighbours being at each others throats or even moving house.

 

[seco services]

I came across another forum (not DIY) that contained some threads on legal issues where a similar topic was raised and the general consenous was that if someone other than the person who paid for the fence paints it, or fixes anything to it, that constitues criminal damage. I've not been able to confirm this, as no one quoted the source of this statement.

yes this is true as i had a court order that was given to my neighbour detailing this issue over a boundary dispute that ended up going to court .
which also entitles me to paint their side what colour i like when i like and they can't touch it just look at it.