The experts were unanimous about where you stand when it comes to painting your side of a neighbour’s fence — and all busted the myth about how you can establish ownership
Steffan Rhys Deputy Content Hub Director
16:13, 08 Sep 2025
I asked 7 lawyers if I could paint my side of the neighbour’s fence — they all said the same thing(Image: AleksandarNakic via Getty Images)
Many of us like a chat with the neighbours over the garden fence. However, those fences can occasionally spark rows too — for instance, when one neighbour puts up a fence that affects how the other enjoys their property.
Fortunately, there are regulations governing fence installation, reports Wales Online. For example, you’re not permitted to build a fence above a certain height. Yet even if your neighbour remains well within these guidelines whilst installing a fence, you might still dislike how it impacts your garden and your outlook.
But are you allowed to paint your side of it to make it slightly more attractive? I asked experts to discover the answer and they all responded almost identically. They also debunked the “left-hand” misconception that’s frequently repeated about determining fence ownership.
Jagdeep Sandher, partner and head of civil litigation at Blythe Liggins Solicitors in Leamington Spa, Warwickshire, simply stated: “Can a homeowner legally paint their side of a neighbour’s fence? No, they can’t. This is because the fence is owned by the neighbour, so it’s their property. If the homeowner wanted to paint the fence, they would need to ask the permission of the neighbour who owns it. The fence is their property, and you can’t force a neighbour to allow you to do something to their property.
“If you don’t own the fence and you paint it without the owner’s permission, it would likely be classed as damage. The neighbour who owns the fence could bring a claim on the basis of damage and nuisance. This could result in the homeowner who painted it without permission being ordered to replace the entire fence, or to have it professionally painted and treated to return it to its original condition.”
Babek Ismayil, founder and CEO of homebuying platform OneDome, advised: “Short answer: don’t paint it without permission. The face of a fence that looks into your garden still belongs to whoever owns the fence. If it’s your neighbour’s, painting, staining or screwing anything to it without their consent can be treated as trespass or even criminal damage. There’s no universal ‘left-hand fence’ rule either, so don’t rely on guesses – check title plans or politely ask who owns it.
“The best route is a friendly note or chat: explain what you’d like to do, show the colour, and offer to use a quality preservative and tidy up afterwards. Get a clear ‘yes’ in writing (an email is fine) and don’t step onto their side to do the work.”
Fencing guru Jonathan Bromell, from Wood Flooring Kent, warned: “It’s crucial to seek permission before painting or staining your neighbour’s fence, even if it’s on the side that faces your garden. Only the owner of the fence is allowed to make changes to its appearance, so if you don’t have your neighbour’s permission then legally you are not allowed to paint your side of the fence.
“If you paint your neighbour’s fence without their consent it can be classed as criminal damage and they can choose to take legal action. The implications of this can vary depending on your local council but you may have to pay for the fence to be fully replaced or returned to its original condition.”
William K. Holland, a personal injury solicitor, law expert and managing partner of Holland Injury Law, LLC, stated: “Ownership decides this… You need the owner’s permission to alter it, even on the side facing your garden. Painting unsolicited might be criminal damage if it changes the appearance or forces the owner to pay out repairing it. That is under section 1 of the Criminal Damage Act 1971. Sort out who the fence belongs to first before you even take a brush in your hand. Don’t resort to the old ‘left-side’ rule.”
Everett Lupton, a civil and criminal solicitor and the founding partner of Slaughter and Lupton, said: “Painting a neighbour’s fence without their consent can constitute damage because it changes the appearance and may force the owner to spend money to reverse the work.”
Benson Varghese, founder and managing partner of Varghese Summersett, a 50-person law firm, warned: “If the fence is on your neighbour’s land, you cannot lawfully paint, stain, or attach anything to it without their express permission. Doing so could be treated as damage to their property under the Criminal Damage Act 1971, even if you believed you were improving it.”
Joanna Smykowski, a legal expert, licensed attorney, and senior contributor at Custody X Change, explained: “A fence belongs to whoever paid for it and maintains it. Even if one side faces your garden, that doesn’t automatically make it yours to alter. Painting without permission can amount to property damage, and in some cases, trespass, because you’re physically interfering with something you don’t own. In England and Wales, the principle is clear: unless you own the fence or have written consent, you can’t paint, stain or otherwise treat your neighbour’s side.
“A fresh coat of paint, however well-intentioned, could lead to a civil claim for damages or an order to restore the fence to its original condition. What often catches people out is that even attaching trellises or hanging baskets on your side can be challenged if it alters the structure or finish.”
How tall is a garden fence allowed to be?
William K. Holland, a personal injury solicitor and managing partner of Holland Injury Law, LLC, stated: “It is possible to erect fencing or screens up to two metres in most English back gardens without planning permission, provided the boundary is not on a highway and you adhere to the usual limitations. Always check your council guidance. The national planning portal sets out the general principles.”
What can I do if my neighbour won’t let me touch my side of their fence?
Everett Lupton, a civil and criminal solicitor and the founding partner of Slaughter and Lupton, advised: “Refusal doesn’t shut your options. Place your own narrow poles just inside your boundary and fit a decorative screen or panel to them. Finish that in any colour you wish. Up to 2m high screens and fences are acceptable in most English rear gardens without a planning application, provided they’re subject to limitations near highways and certain local circumstances.”
Benson Varghese, founder and managing partner of Varghese Summersett, a 50-person law firm, suggested: “An unconventional approach that sometimes works better than legal wrangling is to treat this less as a property problem and more as a design challenge. Instead of paint, consider planting a fast-growing hedge, training climbing plants, or installing decorative panels just inside your side. It gives you control over the aesthetic without crossing the legal line, and in many cases, it resolves the tension by making the fence itself disappear from view.”
Jagdeep Sandher, partner and head of civil litigation at Blythe Liggins Solicitors in Leamington Spa, Warwickshire, advised: “An easier option may be to create a ‘green screen’ or ‘green fence’ – planting against the fence to mask it. As long as the planting is maintained and doesn’t cause any problems to the fence, the homeowner who doesn’t own the fence would be well within their rights to do that, as long as it’s on their side of the boundary.”
Babek Ismayil, founder and CEO of homebuying platform OneDome, advised: “If they say no, you still have options. You can put a freestanding screen, trellis or your own fence just inside your boundary and paint that whatever you like – keeping within planning limits (generally up to two metres high, or one metre next to a highway). Avoid fixing plants or panels to a neighbour’s fence without consent, and remember that rows over boundaries must be declared when you sell. A calm conversation now is cheaper than a dispute later.”
Who legally owns a boundary fence — and how can homeowners establish ownership?
Jagdeep Sandher, partner and head of civil litigation at Blythe Liggins Solicitors in Leamington Spa, Warwickshire, clarified: “There’s a misconception that it is easy to distinguish whose fence is whose – a lot of people believe they are responsible for the fence on the left-hand side of their garden, but that’s not always correct.
“The deeds are key – usually, there is a T mark on the plan on the deeds of the side of the boundary which you have to maintain. If there’s not, the next step is looking at historic evidence such as previous conveyances and deeds to neighbours’ homes from the Land Registry to find out who owns the fence. If you find a T mark on the neighbours’ deeds, it becomes more obvious which fence is yours to maintain.”
Babek Ismayil, founder and CEO of homebuying platform OneDome, said: “There’s no universal ‘left-hand fence’ rule either, so don’t rely on guesses – check title plans or politely ask who owns it.”
Fencing expert Jonathan Bromell, from Wood Flooring Kent, said: “To identify who owns a fence you have to consult your properties title plan, on this plan a T symbol will be used to identify who owns the boundary, and therefore the fence on it.
“However, if you can’t find this information through your title plan you can often make an educated guess by looking at the positioning of the fence. Typically, the rails of a fence will be facing inwards towards the property that owns the fence, and the ‘good’ side of the fence will be facing your neighbour. If you are unsure who owns the fence it’s a good idea to speak to your neighbour or consult a boundary surveyor.”
William K. Holland, a personal injury solicitor, legal expert and managing partner of Holland Injury Law, LLC, said: “Don’t resort to the old ‘left-side’ rule. Check your deeds for T marks and any details about responsibility. The Land Registry website is clear that registers do not normally indicate who owns a fence and that neighbours should reach an agreement.”
Everett Lupton, the founding partner of Slaughter and Lupton, stated: “Fence myths cause disputes. The ‘left side rule’ is a myth. Deeds decide ownership, and then even the plan is usually incomplete. Look for T or H marks, but only trust them if the deed text says what they mean. Most Land Registry records do not say who owns a boundary feature at all. If documents are silent, assume the fence is your neighbour’s unless you have something that suggests otherwise.”
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