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 or even attach anything to a structure that belongs to someone else.

Doing so without his permission would technically amount to trespass and criminal damage, however harmless a lick of paint might seem. So his refusal, frustrating as it is, is within his rights.

As for the wood needing to breathe, that’s not a legal argument, it’s a horticultural myth. However, it doesn’t matter, because he doesn’t need a good reason.

So, what are your options? First, check the boundary position. Look at your title deeds and any Land Registry plans. If the fence sits on your side of the boundary, or straddles it, the picture changes entirely.

That’s because of a longstanding rule that things fixed into the ground become part of the land they’re attached to. 

So if a proper check establishes that the posts and panels are sitting wholly on your side of the boundary, there’s a strong argument the fence is legally yours and that your neighbour has arguably trespassed.

But, assuming it is genuinely your neighbour’s, my advice is to work with the boundary rather than against it. 

You are perfectly entitled to erect your own fence, trellis or screening on your own land, immediately in front of his, provided it sits wholly within your boundary and doesn’t lean on his structure. 

Fast-growing climbers, a run of trellis, or hardy evergreen planting will hide the offending timber in a season or two.

Before you do anything, a friendly, non-confrontational chat is always worth a try, as you should always do all you can to avoid a neighbour dispute.

Council’s rubbish with bins can I get a tax refund? 

The local authority where I live is making a hash of bin collections. 

Can I complain about this, and can I opt out of the bin collections and get a reduction in my council tax?

G.W., Preston, Lancs.

Dean Dunham replies: First, the good news: yes, you can absolutely complain – and you should. Waste collection is a statutory duty. Under the Environmental Protection Act 1990, your council has a legal obligation to arrange the collection of household waste.

If it is persistently missing collections or generally doing a bad job, that’s a failure to deliver a service it is bound to provide. Start with the council’s formal complaints procedure. Put it in writing, keep a dated log of every missed collection or any other issues you experience with the collections and request a reference number.

It is also worth garnering support from your neighbours, which will strengthen your position. If you exhaust the council’s official complaints process, you can escalate the issue to the Local Government And Social Care Ombudsman.

The Ombudsman investigates maladministration and can recommend a remedy, including, in some cases, a modest financial payment for the distress and inconvenience caused.

Now the disappointing part. You cannot opt out of bin collections in exchange for a council tax reduction. I know that feels counterintuitive but council tax is not a fee for specific services rendered.

It’s a general property-based tax that funds everything from social care and schools to street lighting and libraries, many of which an individual may never personally use.

There’s simply no mechanism to itemise it or claim a rebate for a service you would rather forego.

So, complain vigorously and hold them to their legal duty – but don’t pin your hopes on a refund.

Persistence through the proper channels is your most powerful tool here.