Now the sun is shining, it may be time to get out in the garden and spruce it up and perhaps paint the fence. But could you be breaking the law? Big Brother star Kate Lawler found herself in hot water this week when she painted the back of her neighbour's shed without their permission, later realising that she was in the wrong. If you don't own the fence, and it's your neighbour's, you must ask permission before attaching anything, painting it, or even repairing it.
Partner solicitor Elliott Brookes, who works for the Property Disputes Team at B P Collins told GTSE what legal issues you could face when undertaking your next garden project…
First things first, speak to your neighbour about any changes. Elliott advises: "If you want to change the boundary feature (for example, removing an unruly hedge and replacing it with a panel fence), have a discussion with your neighbour and agree in advance on the works that are to be done."
How to check which fence is yours?
"It is a common misconception that there is a general rule that each homeowner is responsible for either the right-hand side or left-hand side fence, " says Elliott. He advises to "check the property’s title register at HM Land Registry as it could state who owns the fence," and goes on to explain that "in some cases, the fence is a party structure, meaning you both have ownership and responsibility for the fence."
© Getty ImagesElliott also highlights a common misconception. "Wooden fences are not party fence walls and therefore, not subject to the provisions of the Party Wall Act 1996."
Do I need my neighbour's permission to paint, repair or attach things to my side of the fence?
Elliott concludes: "This depends on who owns the fence – if it is the neighbour, you should not attach things to your side, paint it or carry out any repairs without the neighbour’s permission."
Can I force my neighbours to repair their fence?
"Yes, potentially," says Elliott. "There may be some covenants in the neighbour’s title deeds to confirm that they ought to keep the fence in repair. Or, if the damaged fence causes damage to your property or is a nuisance, you potentially have a legal case."
© Getty ImagesWhat are the fence height rules in the UK?
"In most situations, garden fences do not require planning permission. As a general rule, if the fence in your front garden is next to the road or footpath, it can only be one metre (3.2 feet) in height. Fencing in your back garden that separates your garden from your neighbours can be a maximum of two metres (6.5 feet) in height, and this includes any trellis topper," advises Elliott.
How can I get around fence height restrictions?
"You will have to apply for planning permission from the LPA if you wish to erect a fence that is higher than the above restrictions. It would also be advisable to speak to your neighbour before applying for planning permission, seeking their support for the application or, at the very least, confirmation that they won’t object."
© Getty ImagesHow to approach neighbourly disputes
"The most common disputes I see between neighbours tend to focus on: 1) the position of the boundary separating the properties; 2) tree branches/roots encroaching beyond the boundary and causing damage; and 3) the height of house extensions/outbuildings/hedges and issues concerning privacy and light," says Elliott.
1. Try talking to your neighbour first to see if you can come to an agreement – a polite conversation can often go a long way to avoiding a dispute.
2. If text messages, emails or letters have been involved in the communications, be sure to keep them safe to show that you have tried to reach a solution. Likewise, it is advisable that you make a note of any conversations you have had regarding the matter.
3. If this approach doesn’t work, without turning to solicitors, the parties may want to consider appointing a qualified independent mediator to help them resolve the dispute.
4.Court proceedings should always be the last resort.
