People could find themselves in trouble with their neighbours (stock image) (Image: Getty)
With the weather beginning to warm up, some people might be considering taking on some early jobs in the garden to get things looking nice ahead of summer. These could range from tidying up flowerbeds and pruning hedges to adding a fresh coat of paint to your fence or shed.
However, have you ever considered that brightening up your garden with a new coat of paint could potentially land you in trouble with your neighbour or even the law? It may seem like a minor thing, but if the fence is facing your garden there may still be issues to address first.
According to legal experts, it’s a bit of a grey area. If the fence doesn’t belong to you and is actually your neighbour’s property, you need to get their permission before painting it – or doing anything that might affect it.
Although a coat of paint or wood stain might seem like the most drastic change a fence panel will go through, the rules apply if you plan to do anything on your side of the fence – from hanging a planter basket to carrying out repairs. Put simply, if the fence is owned by your neighbour, you must not “alter your side of the neighbour’s fence without their permission”, according to Citizens’ Advice.
Given the number of older properties in the UK, boundary situations can often become complicated. Factors such as old by-laws, rights of way, and historically altered gardens can all contribute to potential confusion.
You can’t legally paint your side of a neighbor’s fence unless you either own the fence or have written permission from the owner. Ownership is decided by title deeds, not by which side you look at. Most title plans include a small “T mark” indicating who is responsible for a boundary structure.
The stem of the T points toward the owner’s land. If there’s no T mark, the responsibility might be shared or just not clearly defined. This is important because painting is considered a legal change. Even if you want to make the fence look better, changing its surface still impacts someone else’s property. It’s cheap to check your title plan through HM Land Registry, and it can often stop arguments before they start.
Under the Criminal Damage Act of 1971, criminal damage means damaging someone else’s property without lawful excuse. The damage doesn’t need to be serious or lasting. For example, if you paint your neighbour’s fence without asking, they might want you to fix it and pay for it.
Sometimes, they could even take you to small claims court to get their money back. It’s rare for the police to get involved, but it can happen if things get out of hand. Even though paint seems harmless, it can still be considered damage if it changes the fence without permission.
Ignoring who owns the fence could lead to problems (Image: Getty)
Lawsons, a retailer specialising in timber and fencing supplies, said 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 implies that the responsibility for maintaining the fence rests solely with the person who purchased and installed it.
It’s not just paint or wood stain that presents a problem. Neighbours must not grow climbing plants or anything of that nature, as this could be classed as “an activity which may cause [the fence] damage.”
A major reason painting or staining can create difficulties for your neighbour is the possibility of paint seeping through to the opposite side, which can occur with particular types of paint, timber, and application techniques. Thankfully, most disputes can be prevented when approached with respect and communication.
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How to avoid problems with your neighbour over fences
The easiest way to avoid any drama or surprises is to talk to your neighbour if you feel like it is time for new fencing or if you intend to change the colour of the existing fence facing your garden. If the repairs or updates are something that your neighbour agrees to, then there is a chance of splitting the cost, making the project much less expensive for both households.
Dividing the cost of a new fence can be a helpful step in preventing or resolving legal disputes between neighbours, because this way, you’d both technically be the owners. In the future, neighbours would have equal rights to make changes and repairs to the fence (within reason).
The legal consequences of painting a fence without consent can vary depending on local laws and regulations. In certain areas, altering a fence you don’t own can lead to penalties or legal proceedings.
It’s important to check local bylaws or seek legal guidance to understand the specific rules in your area. Without your neighbour’s consent, hanging plants, painting, or even resting something against their fence that results in damage can get you into trouble.