Even fairy lights on your fence may need permission a DIY expert has said (Image: Douglas Sacha via Getty Images)
Homeowners have been cautioned about the potential pitfalls of jumping on the bandwagon of adorning their fences with fairy lights. A DIY specialist has highlighted that the dividing fence between properties can often spark neighbourly tensions, with many unsure about legal obligations and who is in charge of maintaining which boundary.
A recent study by Ronseal revealed that a staggering 72% of homeowners’ fences are in need of either aesthetic touch-ups, structural repairs, or outright replacement.
Jimmy Englezos, an aficionado of DIY and fencing, emphasised the importance of establishing ownership before undertaking any work on a boundary fence to ascertain who is responsible for its maintenance.
He advised: “When looking to paint your fence, it’s important to find out where the boundary lies between your homes and who owns each fence. If you’re unsure, a good place to start is checking the deeds you received when you bought the property – you’ll often see a ‘T’ indicating which fence side is your responsibility to maintain.”
Englezos further explained: “If the land registry states that you are the sole owner of the fence, then you’re free to make any alterations you like, including painting it. If your property is listed or on designated land, check with your local authorities first, as restrictions may apply.”
“Equally, a ‘H’ can often be found on the boundary between both properties, which indicates that the fence is a joint responsibility between neighbours” he clarified, noting that common activities such as adorning fences with fairy lights, cultivating plants, or replacing broken panels could spark disputes.
Mr Englezos highlighted five typical garden alterations that might necessitate consent from neighbours before commencing.
Growing plants up your neighbour’s fence
He remarked: “Growing plants up a boundary fence can be a great way to bring life to your back garden and improve privacy levels, however, it’s important to consider whose fence you’re utilising. Plants either leaning against a fence or growing up the panels can become heavy and eventually weaken the fence, causing it to collapse.
“If your neighbour owns the fence you share, you must seek permission before you plant climbing plants against it, attach any trellis fixtures, or lean any pots against it.
“Equally, if any plants or trees encroach into your neighbour’s garden, they are entitled to trim these back to the boundary and vice versa. In this instance it is important to be aware that trimming beyond a boundary could see you taken to court for property damage so it’s important to keep an open dialogue with neighbours before taking any action.”
Applying paint or varnish to a boundary fence.
The DIY expert advised: “If it’s your neighbour who owns the fence, you’re not legally entitled to make any cosmetic changes like painting or staining, without obtaining verbal permission from them first, even if it’s only the side facing your garden that you’re altering.”
They further explained: “As painting and staining can help seal a fence and protect it from the elements, therefore prolonging its lifespan, most neighbours will be happy to give permission as long as painting or staining is tackled with care, to ensure no paint bleeds through to their side.”
The guru also suggested a solution for those facing opposition: “If you do experience resistance from neighbours, a compromise may be to paint only the front facing fence panels and not the sides – to ensure your choice of paint or stain isn’t visible at all from your neighbours garden, or alternatively, to use the same paint/stain used by your neighbours for consistency.”
Repairing broken panels
When it comes to repairing broken panels, the study revealed that 11% of Brits have observed a neighbour’s fence that requires complete replacement, while 7% have noticed fences needing structural repairs, and another 4% saw fences that called for cosmetic touch-ups.
Jimmy offers guidance on this matter, stating: “Even if a boundary fence needs to be completely replaced, you’re still not legally allowed to repair it without seeking permission first, if it’s owned by your neighbour.
“It’s best to start by having a polite conversation about the work that’s required. Some homeowners offer to split the costs, despite not owning the fence, especially if it means they also have a say and a view of the type of fence that gets installed.
“However if that doesn’t work, and the damage is posing a safety risk to your property, then you may need to consider seeking legal advice. Another option, if you’re after a quicker, although more costly, solution that puts you in control of the situation, would be to sacrifice some of your own perimeter land to install your own fence.
“It’s also worth noting if you’re planning to install a new fence, that in the UK, back garden fences must be no taller than two metres, otherwise you need to seek planning permission from the local authority.”
Hanging decorations from a neighbour’s fence
On the topic of decorating a neighbour’s fence, he advised: “If it’s your neighbour who owns the fence, you must seek permission from them before making any changes to the side facing into your property, this includes decorative modifications like hanging fairy lights, or drilling holes to attach mirrors or hanging bird feeders.
“If your neighbour does give permission, and your alterations cause structural damage, for instance hanging a mirror that’s too heavy for the fence, you may be liable to cover the cost of repair or replacement of the fence.
“If you own the fence, you can decorate the area however you like, as long as it doesn’t place your neighbour or their property at risk.”
Planting a tall tree near a neighbour’s fence.
“If you’re thinking of planting a tall tree near a shared fence, it’s best to speak to your neighbours beforehand and seek permission as it could disrupt their right to light if this impacts the light previously enjoyed in rooms of your neighbour’s home.
“Secondarily, over time, the tree’s roots could grow deeper and spread into the neighbouring garden, potentially causing structural damage with the possibility of them then having the right to pursue legal action against you.”