Trying to keep your property looking its best could lead to legal troubles and fines
Could a fresh coat of paint land you in trouble with the law?(Image: Hill Street Studios via Getty Images)
As the weather begins to warm up, many might consider tackling some last-minute summer jobs in the garden. 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’s boundary with a new coat of paint could potentially land you in hot water with your neighbour or even the law? It may seem like a minor thing, but if the fence is facing your garden, there shouldn’t be any issues, right?
Well, according to legal experts, it’s a bit of a sensitive issue. If the fence doesn’t belong to you and is actually your neighbour’s property, you’re required to get their permission before painting it, reports the Express.
The same rule applies if you intend to attach anything to it or even carry out repairs. 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.
Could a fresh coat of paint land you in trouble with the law?(Image: Getty)
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 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 mustn’t grow climbing plants or anything of that nature, as this could constitute “activity which may cause [the fence] damage.”
A major reason that painting or staining can create difficulties that your neighbour might spot is the possibility of paint potentially seeping through to the opposite side, which can occur with particular types of paint, timber, and application techniques.
Neighbours might have an issue if you don’t ask permission first(Image: Getty)
Back in 2010, there were reports that a couple had refreshed their garden fence with a lick of paint—and then the police turned up. The neighbour, who maintained she owned the 6ft high fence, complained to the couple that the green splashes had spoiled her side, which was painted brown.
They were made to pay £80 each for the ‘criminal damage’ that occurred, but Hampshire Police later refunded this. Thankfully, most disputes can be prevented when approached with respect and communication.
Inform your neighbour if you feel that it’s time for new fencing or if you intend to change the colour of the existing fence facing your garden. Splitting 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.
Painting or modifying a fence needs to be done with care and caution(Image: Getty)
The legal consequences of modifying a fence without consent can differ depending on local laws and regulations. In certain areas, making alterations to a fence you don’t own can lead to penalties or legal proceedings.
It’s essential to check local bylaws or seek legal guidance to understand the particular rules in your local area. Without your neighbour’s consent, suspending plants, painting, or resting something against their fence that results in damage can get you into hot water.
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