Positioning your lights on boundary fencing could potentially result in complications
Positioning your lights on boundary fencing could potentially result in complications(Image: Getty Images/iStockphoto)
Garden accessories are a popular shopping choice during the UK’s summer months, and among them fairy lights are a go-to option for adding a bit of character to outdoor spaces.
Especially with the temperature set to rise again in the coming days, UK households will be spending more time in the garden and later into the evening.
However, homeowners have been warned that positioning your lights on boundary fencing could potentially result in complications.
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Alterations to boundary fencing necessitate consent from your neighbour.
Recent research conducted by Ronseal reveals that 72% of UK property owners acknowledge their fencing requires some degree of repair or replacement, whilst a quarter describe themselves as fence proud.
However, disputes over changes to boundary fencing is a common issue between neighbours, with bewilderment surrounding legal obligations and ambiguity regarding responsibility for maintaining specific boundary structures.
Ronseal has called upon their in-house DIY and fencing specialist Jimmy Englezos to provide clarity on fence and garden upkeep responsibilities and your legal standing.
He explained: “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.
“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”.
Jimmy has outlined five typical garden improvements that might need neighbouring consent before commencing work.
Cultivating plants against your neighbour’s fence
“Growing plants up a boundary fence can be a fantastic way to inject some life into your back garden and enhance privacy levels, however, it’s crucial to consider whose fence you’re using.
“Plants either leaning against a fence or growing up the panels can become heavy and eventually weaken the fence, causing it to topple over.
“If your neighbour owns the fence you share, you must ask for permission before you plant climbing plants against it, attach any trellis fixtures, or lean any pots against it.
“Likewise, if any plants or trees encroach into your neighbour’s garden, they have the right to trim these back to the boundary and vice versa. In this case, it is important to note that trimming beyond a boundary could result in you being taken to court for property damage so it’s crucial to maintain open communication with neighbours before taking any action.”
Painting or staining a boundary fence
“If it’s your neighbour who owns the fence, you’re not legally entitled to make any cosmetic changes like painting or staining, without getting verbal permission from them first, even if it’s only the side facing your garden that you’re altering.
“As painting and staining can help seal a fence and protect it from the elements, therefore extending its lifespan, most neighbours will be happy to give permission as long as painting or staining is done carefully, to ensure no paint seeps through to their side.
“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.”
Fixing damaged panels
“It’s advisable to begin with a courteous discussion about the work that’s needed. Some property owners propose sharing the expenses, despite not owning the fence, particularly if it means they also get input and oversight of the type of fencing that gets erected.
“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
“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.”
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