Ignoring could land you with a £2,500 fine.
UK households painting garden fences risk £2,500 fine over neighbour law
A warning has been issued to anyone painting their side of the garden fence this summer – and ignoring could land you with a £2,500 fine.
Failing to consult your neighbour before picking up a paintbrush could land you in hot water, it has been warned. To find out which fence or boundary wall is your responsibility in the UK, start by looking at the deeds to your property.
On modern properties, there should be a plan drawn to scale which shows the boundaries. The plan registered at HM Land Registry should be a scale plan, as well as, the original purchase deed.
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Before doing any work on your fence, UK households are reminded ownership rights need to be made clear prior to making any alterations.
If you are caught painting, modifying or repairing your neighbour’s fence, it could be classed as trespassing or causing criminal damage.
Under UK law, altering someone’s property without a “lawful excuse” could lead to prosecution.
The Criminal Damage Act 1971 also states that you could be fined up to £2,500, if the value of the damage is £5,000 or less..
If the deeds and plan do not give an indication of ownership, you are then reliant on “presumptions”.
The Home Owners Alliance duly explains: “For example, with a wall, the boundary is likely to be on the far side of the garden wall. It is presumed that the person who erected the wall would build it entirely on his/her own land.
“That said, a wall can appear to be exactly the same on both sides with no clear indication of it being on a particular property. This will likely mean it is a joint boundary wall with joint responsibility.
“With fences, unless your deeds show a specific marking which indicates ownership of a fence, the responsibility for the boundary is shared by the owners of the properties which the boundary separates.”
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