Thank-you all, for your response's.They have gone on holiday for two weeks,i was going to do it this week but i will not.
Good Luck And Happy Gardening
Thank you Tazmanalun.
This made me laugh I bet your more confused than ever.. Id just approach them they can only say no or maybe yes...
You could put up trellis a couple of inches from the fence and grow things up it and in front of it to soften and obscure the boundary. On the other hand, if the staining is a fait accompli when they come back, there isn't much they can do and you are, after all, helping to preserve the fence, especially if you choose a similar colour to the existing one. If they are neglecting it, they may not care much anyway. They might even be grateful. Otherwise, why not just plant things in front of it and hide it?
From : http://www.bporco.ie/live/newstalk/568.html
"There is a legal presumption that every wall or fence dividing two people’s property running down the boundary line is a party wall or fence. If this is the case then you are entitled to paint on it because it is on your side of the boundary. If the fence is fully located on your neighbour's side then you cannot."
The 'rule of thumb' about ownership of the fence being on the side where the fence post lie, refers to chain link fencing where the posts are on one side of the fence. The problems come when that has been replaced by any form of fence where the posts are in line with panels. Deeds will generally show a T on the fence lines indicating which property they belong to. Not a great help these days when you never get to see the deeds!
This post has got me worried, as I am growing Wisteria, Chilean Poato trees, Honeysuckle, Jasmine, Firethorn, Passion Flowers and Ivy around my garden -against 3 boundary fences (not erected by us). On the other side, I have painted the panels with preserver (again this fence is not ours. My other half assures me we have no boundary fence responsibility.
We get on well with the people on the painted fence side, in fact we were chatting while I did it.
We do not have much to do with the people who own the other 3 fences, except to nod & say Hi occasionally, although they did ask me for cuttings when I was pruning the Chilean Potato Tree. last year.
Could I take the fact of 1) no complaint made about the painting and 2) request was made for cuttings, as agreement / permission for me to paint & plant.