With warmer weather arriving, many people are planning garden improvements
Ignoring who owns the fence could lead to problems(Image: Getty)
With temperatures starting to rise, some homeowners might be thinking about tackling early garden tasks to ensure everything looks perfect before summer arrives. These could include clearing flowerbeds and trimming hedges, to applying a fresh lick of paint to your fence or shed.
However, have you considered that sprucing up your garden with new paint could potentially cause friction with your neighbour or even break the law? It might appear trivial, but even if the fence faces your garden, there may be important matters to sort out first.
Legal experts say it’s a somewhat grey area. If the fence isn’t yours and actually belongs to your neighbour, you must obtain their consent before painting it – or doing anything that could impact it. While a coat of paint or wood stain might appear the most significant transformation a fence panel will undergo, the rules apply if you intend to do anything on your side of the fence – from attaching a hanging basket to undertaking repairs.
In short, if the fence is your neighbour’s property, you must not “alter your side of the neighbour’s fence without their permission”, according to Citizens’ Advice. Given the substantial number of older properties across the UK, boundary matters can frequently become complex.
Things such as historic by-laws, rights of way, and traditionally modified gardens can all add to potential confusion. You cannot legally paint your side of a neighbour’s fence unless you either own it or have written permission from the owner. Ownership is determined by title deeds, not by which side you can see. Most title plans feature a small “T mark” indicating who is responsible for a boundary structure, reports the Express.
The stem of the T points towards the owner’s land. If there’s no T mark, responsibility may be shared or simply unclear. This matters because painting is regarded as a legal alteration.
Even if your intentions are to smarten up the fence, changing its surface still affects someone else’s property. Checking your title plan through HM Land Registry is inexpensive and can often end disputes before they escalate.
Under the Criminal Damage Act of 1971, criminal damage refers to damaging another person’s property without lawful excuse. The damage needn’t be severe or permanent. For instance, if you paint your neighbour’s fence without their permission, they could demand that you restore it and pay the bill.
In some cases, they could even take you to the small claims court to recoup their costs. Police involvement is uncommon, but it can occur if matters spiral out of control. Despite paint seeming relatively harmless, it can still be deemed as damage if it alters the fence without consent.
Lawsons, a retailer specialising in timber and fencing supplies, stated on its website that “only the owner of the fence may make any changes to it, even where the other side of the fence is on neighbouring property”. This suggests that the responsibility for upkeeping the fence lies exclusively with the person who bought and erected it.
It’s not just paint or wood stain that poses an issue. Neighbours must not have climbing plants or anything of that nature, as this could be deemed “an activity which may cause [the fence] damage.”
A key reason why painting or staining can cause headaches for your neighbour is the risk of paint bleeding through to the other side, which can happen with certain types of paint, timber, and application methods. Fortunately, most disputes can be avoided when handled with courtesy and open communication.
How to steer clear of fence disputes with your neighbour
The simplest way to avoid any drama or unwanted surprises is to chat with your neighbour if you feel it’s time for new fencing, or if you plan to change the colour of the existing fence facing your garden. If the repairs or improvements are something your neighbour is on board with, you may be able to share the cost, making the project considerably cheaper for everyone.
Splitting the cost of a new fence can be a practical way to prevent or settle legal disputes between neighbours, as both parties would technically share ownership. Going forward, neighbours would have equal rights to carry out changes and repairs to the fence (within reason).
The legal consequences of painting a fence without permission can vary depending on local laws and regulations. In certain areas, altering a fence you don’t own can result in penalties or legal action.
It’s important to check local bylaws or seek legal advice to understand the specific rules in your area. Without your neighbour’s consent, hanging plants, painting, or even leaning something against their fence that causes damage could land you in hot water.