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 neighbor built a new fence and won’t let me paint my side.

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

Name and address stated.

Dean Dunham replies: While the ‘breathing’ explanation is absurd, I’m afraid your neighbor is right on the basic point. The most important question here is ownership.

If your neighbor has erected a fence on his own land, then it is his fence and therefore his property in a full legal sense.

In these cases, you do not have the right to paint, stain, change or even add anything to someone else’s building.

Doing so without his permission technically amounts to trespass and criminal damage, no matter how harmless a paint stain may seem. So, as annoying as it is, his refusal is within his rights.

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

So what are your options? First check the limit position. Look at your deeds and Land Registry plans. If the fence is on your side of the border or crosses both sides, the picture changes completely.

This is due to a long-standing rule that things fixed in the ground become part of the soil to which they are attached.

So if a proper check finds that the posts and panels rest entirely on your side of the boundary, there is a strong argument that the fence is legally yours and your neighbor is likely trespassing.

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

You have the right to erect your own fence, trellis or screen on your own land, right in front of it, provided it is entirely within your boundaries and does not rely on its structure.

Fast-growing climbers, a row of trellises or hardy evergreens will hide the offending timber within a season or two.

Before doing anything, a friendly, non-confrontational conversation is always worth trying; Because you should always try your best to avoid neighbor dispute.

Can I get a tax refund for garbage related to the municipality’s garbage bins?

The local authority where I live does litter collections.

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

GW, Preston, Lancs.

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

If it consistently misses collections or does a poor job in general, it’s a failure to provide a service it’s supposed to provide. Start with the council’s formal complaints procedure. Communicate this in writing, keep a dated record of each missed collection or any other problems you have with collections, and ask for a reference number.

It is also worth gathering support from your neighbors that will strengthen your position. If you exhaust the council’s formal complaints process you can refer the matter to the Local Government and Social Care Ombudsman.

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

Now the disappointing part. You can’t give up rubbish collections in exchange for council tax relief. I know this sounds counterintuitive, but council tax is not a fee for specific services provided.

It’s a general tax on property that funds everything from social services to schools to street lighting to libraries that most people will never use personally.

There is no mechanism to itemize this or request a discount for a service you choose to forego.

Therefore, file a strong complaint and hold them to their legal duties; But don’t pin your hopes on repayment.

Being persistent through the appropriate channels is your most powerful tool here.