The Great British fence-off: a battleground for boundary disputes

12 July 2024

You would think that the humble garden fence or a leafy hedge is a fairly risk-free structure. However, both can actually spark more drama than an episode of EastEnders.

Recent research shows that approximately 28% of neighbour disputes stem from fences, walls, hedges, boundaries and shared space.

According to a survey by Good Move, an eye-watering 64% of Britons have had a row with a neighbour, equating to almost two-thirds of the population at war over everything from noisy pets to overhanging branches.

When we look closer at boundary disputes, the numbers are equally surprising. Research released by Churchill Home Insurance reveals that a whopping 6.6 million Brits have experienced boundary disputes in the past year alone - that's a lot of fence and wall wars.

This article looks at some of the most press-worthy fence and boundary-related feuds that have graced the UK media, from overzealous hedge trimmers to fence panel artists the media is awash with stories of neighbour disputes.

The great fence .... of Colchester

One of the most common disagreements we hear of is the height of fences. The height limit for fences currently stands at two metres. However, some people push the boundaries quite literally. It's a common misconception that it's "my property, and I can do what I like".

This was certainly true of a group from Essex who erected an eight-foot fence on a newbuild housing estate, claiming the fence was needed because they were "fed up of anti-social behaviour plaguing the entrance to the newbuild estate". Their neighbours agreed, dubbing it the "Great Wall of Colchester". However, the council didn't and gave them six months to remove the offending structure.

The high stakes of high fences

A dispute over a mere few inches of land or a right of way is often thought to be a trivial matter.

However, the case of Gary and Kerry Hambling, who found themselves £160,000 out of pocket after losing a High Court battle against their neighbours over a 6ft fence, may change your opinion. When the Hamblings brought Garden Cottage in Suffolk in 2015, they thought they'd found their dream home. The property had a stable block and field across a drive owned by their neighbours.

The seven-year dispute started when they obtained planning permission to turn the field into a 'car park' for 'vans and trucks. Their neighbours responded by erecting a six-foot fence blocking access to the driveway from the cottage. A lengthy legal battle meant that the Hamblings lost their case, and their costs amounted to £160k.

The positioning of a boundary fence

And if that's not enough to convince you, the case of Mark and Louise Coates might. The couple from Hastings in East Sussex ended up with a £475,000 court bill and Mark a 252-day jail sentence, later reduced after a bitter dispute with his neighbours, the Greenwoods, over a garden fence.

The four-year dispute originally arose over the position of a fence and the ownership of a track at the side of the two semi-detached properties but escalated to mayhem when both sides made various allegations against each other about multiple types of unneighbourly behaviour, such as throwing stones at the property and using CCTV surveillance.

Hedge wars

The laws in Scotland may differ, but the bad feeling between neighbours certainly doesn't. Technically, it is not a fence but still a boundary, and equally contentious is the long-running 35-year dispute over a leylandii hedge that grew to a spectacular 40 feet tall. The owner of the heighty hedge, Jeanette Robinson, stated that she'd "rather move than touch these trees."

However, her neighbour, Audrey Alexander, who took over the dispute from her Aunt, who previously owned the property, disagreed. She argued that the giant hedge blocked sunlight from entering her home and that parts of their garden were in constant shade. She wanted the hedge cut back to 6ft high.

The initial outcome in this case was in Ms Alexandar's favour. However, on appeal, Mrs Robinson was allowed to keep the trees, but they had to be cut back to 20 feet high. Ms Alexandar stated that the hedges reduced the value of her property by £20k. In a poll by the Mirror, 88% of people agreed that 20ft was too high.

Picasso of the fence world

Colour choices can also lead to neighbourly discord. In a case that made headlines, a property owner who chose to remain anonymous complained to his neighbour after they decided to paint the aspect of a fence crimson—yes, hot pink—which apparently matched the colour of their house. The main problem was that it wasn't their fence in the first place.

The property owner confronted his new neighbours, a young couple with whom he'd had no issue since moving in, and clarified that the fence needed to be "fixed." Thankfully, in this case, common sense prevailed without the need for things to turn nasty between the neighbours.

Regional ruffling

Interestingly, a few regions of the United Kingdom appear more vulnerable to neighbour disputes than others. Manchester takes the crown, with 78% of residents admitting to having had troubles with their neighbours. This is closely followed by London and Cardiff, where 75% of residents indicated difficulties with their neighbours.

Know your rights

It's wise to try to steer clear of any neighbour or fence disputes, so it's important to know your rights. Contrary to popular belief, no standard rule exists about owning the fence on the left or right of your property. There are many ways to define who owns which fence, which are more complex than checking your house deeds for 'T-marks' - although these can be a good place to start.

If you plan to erect a new fence, remember that anything over two metres tall means you must apply for planning permission. And even if you only plan on adding a splash of colour to "your side" of a fence, it's wise to remember it's not actually your fence, and you should seek permission from your neighbour.

Resolving fence disputes

Although fence war stories can be interesting and entertaining, they do highlight the importance of remaining civil with your neighbours and resolving any neighbour conflicts amicably without things escalating to a full-scale battle. As any property expert will advise, the first port of call to resolve a dispute is open communication.

If talking directly to your neighbours doesn't resolve matters, mediation services can be a helpful next step. For more serious issues, local councils often have the power to resolve a dispute, and legal action is always an option.  

As we have seen, fence disputes are a real concern for many people, although thankfully, most don't descend into the chaos we have seen in the examples above. In most cases, patience, communication and a sense of humour will help resolve issues amicably and keep neighbour relations intact, but maybe check if you want to paint your fence bright pink!

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