From overhanging branches to garden burials and nudity, this guide outlines what the law says about garden and neighbour disputes.
Fences: ownership, height and colour
When installing new fencing, it's important to follow a few basic rules to avoid causing offence and neighbourly disputes.
Firstly, it might surprise you to read that you're probably not legally obliged to install fencing at all. Unless you live next to a railway or keep livestock, there is no law that says fencing must be erected between properties. However, fences can make your home more secure and more attractive.
Who owns the fence?
The age-old question of fence ownership can usually be resolved by viewing the property’s deeds.
If you don't have a copy of the title register, it can be obtained digitally for £3 on the Government's website.
The owner of the fence is denoted by T marks on the title plan. Sometimes properties will have shared ownership of the fence – known as a party fence - and this is shown by two Ts joined together to make a H symbol.
Older properties may not have these helpful T marks on the deeds. If this is the case you can usually tell who owns the fence by looking which way it is installed. Generally, the owner will have the back of the fence facing towards them, with the “good” side going to the neighbour. This helps prevent intruders from entering your property as they do not have the beams to climb on.
This is not a failsafe, though, and if there is any ambiguity a boundary surveyor or solicitor can be employed to find an answer.
It is a misconception that you always own the fence to the right or the left of the property.
How high can a fence be?
The maximum height of a back garden fence without planning permission is two metres. This includes any trellis topping and is measured from the ground to the top of the fence. If you want to install anything higher than that – anything up to 100 metres – you need to first seek consent from the local authority.
For front garden fences the limit is one metre high without planning permission. This one metre rule also applies if your fence is adjacent to a highway or footpath.
Failure to abide by these rules could lead to retrospective action being taken by the local authority, including the removal of the fence.
Anyone in any doubt over the legalities of their new fence should seek guidance from the local authority before beginning installation.
Can I paint the neighbour’s fence?
Only the owner of the fence can paint, stain or otherwise change the fence without permission. If you own the fence then you can paint it whatever colour you want, but if it is owned by your neighbour you should always speak to them before reaching for the paintbrush. Make sure you are talking to the owner of the property rather than the tenant, who does not have the legal right to grant permission. If the owner asks you not to paint your side, you must respect their decision.
If you own the fence it is your responsibility to keep it in a good state of repair, ensuring it does not pose a danger to anyone nearby.
Walls – party wall act, height and painting
A boundary wall refers to a masonry structure with a foundation. They are often the cause of neighbour disputes and can sometimes lead to lengthy, costly litigation.
Altering a wall - Party Wall Act 1996
If you want to make any changes to a wall, the first important step is to establish whether the wall sits entirely on your property - and is, therefore, solely under your ownership - or whether it straddles your neighbour's boundary.
Just like with fences, the owner of a wall can usually be determined by checking the deeds and examining which direction the T marks face.
If you own the wall outright, you are free to do as you please. Unless the deeds state otherwise, there is no legal requirement for the owner to maintain the wall. However, you could be liable if the wall causes damage or injury if it has been neglected.
If the wall is shared with your neighbour then it is governed under the rules of the Party Wall Act 1996. In a nutshell, you must seek permission from your neighbour if you want to do anything to the wall, including replacing it with a new wall, cutting into it or making it taller, shorter or deeper.
If you wish to carry out any work of this nature, the adjacent property owner must be given two months' notice and objections can be made within 14 days of the notice being received.
If neighbours cannot reach an agreement, a joint surveyor can be appointed to draw up a party wall award, which sets out the details of what work is to the carried out, the current condition of the wall and timescales.
In cases where work has started without consent - or one party believes agreed terms are not being met - a court order known as a party wall injunction can be obtained to stop the work temporarily. Legal advice is crucial to prevent costs spiralling out of control.
How high can a wall be?
As with a boundary fence, no permission is required for new wall under two metres in height - or one metre if it is adjacent to a highway or a footpath.
Anything above two metres and planning permission is required. Planning permission for walls above three metres is unusual. Should you wish to build this high, you will have a greater chance if you submit a joint application with your neighbour explaining the need for a larger than usual wall.
The height of the wall is measured from the highest adjacent point from the ground. This means if your neighbour's ground is higher than yours, you may be able to build a higher wall without planning permission in order to maintain your privacy.
Can I paint a shared boundary wall?
If it is a shared boundary wall then permission is required to paint your side of the wall. Usually, a quick conversation with your friendly neighbour will suffice, though you could get written permission to be extra safe.
Failure to seek permission could result in enforcement action – and you could be liable if your paintwork causes any damage to the wall.
Garden level differences and rights of support
Garden level differences refer to variations in the ground level between adjacent properties, often seen in residential areas where one property sits at a higher or lower elevation than the neighbour. These differences can arise naturally due to topography or be created intentionally through landscaping, construction or excavation.
Rights of support are legal protections that ensure a property owner can maintain the natural or artificial support for their land, preventing neighbouring owners from causing subsidence or collapse. If one property owner lowers their land level, they must ensure that the adjacent property retains sufficient support, whether through retaining walls or other means.
If a neighbour's actions compromise this support, leading to damage or instability, the affected property owner may seek legal remedies. The rights of support are essential for preserving the stability and integrity of properties, especially in areas with significant garden level differences.
Hedges and trees – often a thorny issue
Hedges can be a real bone of contention between neighbours. If you can't agree on a suitable height, there is legislation in place to resolve the problem.
Firstly, what is a hedge? A hedge is two or more trees or shrubs in a line, predominantly consisting of evergreens. Bamboo and ivy are not included.
A hedge of more than two metres in height is classed as a high hedge - though this does not mean that is the maximum height a hedge is allowed to be.
The first step is always to liaise with your neighbour or the hedge owner, explaining that the hedge affects the 'reasonable' enjoyment of your garden. Make a note of conversations held.
If that action is not sufficient, you can contact your local council which has the power to use the high hedges legislation. The council should consider both sides' arguments before either rejecting the complaint or issuing a notice for the hedge to be cut back.
The council will make a judgement on how high the hedge should be, taking into consideration things like how much light the hedge blocks, how overbearing it is and whether or not it blocks a view.
The council cannot order the removal of the hedge in its entirety, and The Wildlife and Countryside Act 1981 makes it an offence to cut a hedge where birds are nesting between March and August.
Overhanging branches
You are permitted to cut branches that overhang your garden without the permission of the tree owner – as long as you can do so without going onto their land. You can also climb into tree to carry out the work as long as you don’t have to step foot on their property.
Be aware you can only cut as far back as your boundary. It is your responsibility to dispose of the cuttings rather than simply throwing them over the fence!
As long as you have only cut the branches up to your boundary, there is no legal recourse for the tree owner – even if they don’t like the look of the trimmed tree.
It is possible to harm or even kill a tree by cutting its branches. You could also make the tree unstable in the wind by affecting its balance. Should this happen, it would be considered neglect and you could be liable. If in doubt, contact a competent tree surgeon for advice.
Removing trees and hedges
It is an offence to cut down, uproot or willfully destroy any tree that is subject to a Tree Preservation Order (TPO), in a Conservation Area, or over five cubic metres in volume.
Introduced in 1947, TPOs allow local authorities to protect trees to benefit local areas. If you wish to carry out any work to a tree under a TPO, you must obtain permission first.
Fines of up to £20,000 can be dished out if you go against the rules - as well as a criminal record. The most serious offences are heard at Crown Court and fines are unlimited. It is really not worth taking a chance if you are in any doubt whatsoever.
Problem plants – what to do if invasion occurs
People with problem plants in their garden – including poisonous plants, bamboo, giant hogweed and the dreaded Japanese knotweed – have a responsibility to take necessary action to prevent spread into neighbouring properties.
It is considered a legal nuisance if invasive plants substantially interfere with the use and enjoyment of a neighbour's property. Legal action can be taken if adequate preventative steps have not been carried out.
Talking to your neighbour should always be the first step, possibly followed by mediation, before legal action and eventually a court injunction to stop the encroachment.
Eating the neighbour’s fruit
Taking and eating fruit from a neighbour's overhanging branches is not permitted without their permission. Unfortunately, even delicious apples that might fall onto your land due to wind remain the legal property of the tree owner.
Responsibility for leaves
The owner of a tree has no legal responsibility to clear leaves that have fallen into a neighbouring property as leaves are not considered a nuisance in law. Clearing and disposing of those leaves is the responsibility of the person with the leaves in their garden.
The only exception is if the leaves have caused significant damage, such as blocked drains. In this case, if might be possible to claim damages from the owner of the tree – but it is advisable to speak to your neighbour before getting solicitors involved.
Garden alterations and buildings
The Rights of Light Act
The Rights of Light Act 1959 states that if a property has received daylight for the last 20 years (the minimum prescribed period), they may be entitled to continue to receive that light.
This should be considered when installing any garden building or structure, including sheds, outbuildings, greenhouses, fences, hedges or letting the height and size of trees get out of control.
If you believe your right to light has been breached, you can apply to the courts for your light to be restored.
Outbuildings – size and positioning
Generally, planning permission is not required to build sheds, summer houses and other outbuildings. There are, however, limits and exceptions.
The major restriction is, of course, size. Firstly, the outbuilding must occupy less than 50% of the space around your property - and the total floor area must not exceed 15 square metres. If you are located in a Conservation Area or an Area of Outstanding Natural Beauty, the floor space is limited to 10 square metres.
The structure must be separate from the main house and if it is within two metres of the neighbour's fence, it must not be taller than 2.5 metres at the highest point. If it's further than two metres from the fence, you can build higher, but you are best to seek advice beforehand.
Sheds and greenhouses
It is tempting to build a shed or greenhouse very close to the neighbour's fence, but this isn't always the best idea. It is courteous to speak to your neighbour if you are planning on positioning a shed or greenhouse within one metre of the boundary. Remember, just because you have a good relationship with the current owner, it doesn’t mean that will always be the case with a new neighbour.
Home offices
As long as you build within the guidelines you can build a home office in your garden. It needs to be under 2.5 metres at the highest point if within two metres of the boundary – and less than 50% of the outdoor space – you can install a home office without planning permission.
However, you should be wary of the laws of nuisance. This means your activities from the building must take into account the standards of a reasonable person. In deciding this, the court will consider the character of the locality, time of activities and duration of activities. Loud or smelly activities could land you in trouble.
Furthermore, some properties – particularly new-builds – may have covenants in place that prevent houses being used for commercial purposes. It is important to check your deeds before setting up shop.
Garden nuisances
Nudity in the garden – what the law says
Being naked in your garden is not an offence - unless you have the intention of causing alarm or distress. If you are trying to offend Mrs Basingstoke next-door, that could be covered under Section 66 of the Sexual Offences Act 2003.
The Crown Prosecution Service says: "In the case of naturism a balance needs to be struck between the naturist's right to freedom of expression and the right of the wider public to be protected from harassment, alarm and distress."
A good neighbour might check with the people living around them before stripping off to their birthday suit - or alternatively you could find a secluded spot.
Noisy neighbours remedies
Noise from neighbours is one of the most common complaints reported to the police and local councils.
Unreasonable noise is classed as noise that substantially interferes with the enjoyment of your home, or that injuries health.
This could include loud music, shouting or noise from pets, children, TVs, power tools or alarms.
Loud sex is a bit of a grey area, but the council can intervene and, in fact, one woman in Birmingham was given a two-week prison sentence in 2015 for breaching an anti-social behaviour order by having sex so loudly her neighbours complained.
During night hours, 11pm and 7am, the law states noise should be kept below 34 dBA (decibels adjusted) when the background noise is no higher than 24 dBA, or 10 dBA above the level of background noise if this exceeds 24 dBA.
But if noise is considered a 'statutory nuisance', that can occur at any time of the day or night.
The police only generally get involved if violence or abuse is involved or a crime is being committed. Noise complaints can instead be directed to the council, which has the power to investigate statutory nuisances. Ultimately, the council can issue an advisory letter, a Community Protection Warning/Community Protection Notice, or even a fine if the notice is ignored.
If you have a complaint against your neighbour, it's advisable to keep all records of correspondence.
It is also worth noting that neighbour dispute must be disclosed when selling a property, so it is in your interests to maintain cordial relationships whenever possible.
Smoke from barbecues, bonfires and fire pits
Having a barbecue, a garden bonfire or sitting around a firepit are not illegal activities.
However, councils can issue legal notices and fines to people who are having nuisance bonfires or barbecues which are considered antisocial behaviour.
It is a good idea to tell neighbours before having a barbecue. It is good manners to not light the coals when their washing is out and try not to burn things near open windows or doors.
Generally, the occasional barbecue or small fire is not going to be considered a statutory nuisance, but if it happens often and the smoke is excessive, it could be a different story, with fines of up to £5,000.
For the majority of the year, it is illegal to set off fireworks (including sparklers) between 11pm and 7am.
However, for Bonfire Night the curfew is extended to midnight and for New Year's Eve, Diwali and Chinese New Year the cut off is 1am.
Artificial light annoyances
Artificial light can also be classed as a statutory nuisance under the Environmental Protection Act 1990.
Similarly to noise, light can be considered an offence if it unreasonably and substantially interferes with the use or enjoyment of a home, or it injures health.
If the council agrees this is the case, the authority can serve an abatement notice which requires whoever is responsible to stop or restrict the light.
Typically, it is security lights that lead to domestic light complaints.
Unsightly items in gardens
Are you offended by ugly old cars or caravans parked in your neighbour’s garden? Unfortunately, there is little you’re likely to be able to do about it since UK law states you have no right to a view.
It dates back to 1610 when William Aldred took his neighbour Thomas Benton to court for building a pigsty too close to his house. The court ruled that while the stench was an offence, the visual violation was not.
As long as vehicles are SORN, they can be kept on someone’s property, regardless of their condition.
There may, however, be reason for council intervention if the garden is full of dog mess, rubbish, nappies or other items that could attract vermin.
If weeds or brambles are causing problems on your side of the boundary, then that possibly amounts to a nuisance and the council can also intervene.
You must not, however, trespass onto your neighbour's land to take action yourself.
Right to privacy and CCTV cameras
People have the right to install CCTV cameras and smart doorbells on their property. Good etiquette says you should try to point cameras away from your neighbour's homes - but it is not a legal requirement to do so.
If you have CCTV in operation, however, it should only be for the purpose of protecting your property and you must be conscious of GDPR laws. Footage must be deleted regularly once it has served its purpose.
Everyone has the basic right to privacy in their property and garden under the Human Rights Act. This means you have the right to a personal life away from public scrutiny.
This can include anything which could make a person feel intruded, including children bouncing on a trampoline to a height that means they can peer into next door, or people snooping over the garden fence.
It is not always realistic to expect absolute privacy in a garden. It is sometimes impossible not to catch a glimpse of the neighbour in their garden from an upstairs window. But people should not expect to be routinely disturbed and legal action can be taken if your peaceful life is being regularly bothered by nosey neighbours.
Garden burials
In principle, it is possible to be buried in a private garden. However, as perhaps you'd expect, there are some hoops to jump through. Most notably a burial licence must be granted by the local authority. This requires a lot of form filling, payment of fees and adherence to guidelines.
The land must be privately owned and environmental considerations need to be taken into account, including distance from water sources and the surrounding ecosystems. A human body is essentially classed as clinical waste, so a license won’t be granted if there is a risk to the environment.
Depending on local authority, the body also needs to be buried a certain distance away from the nearest property. This can be anywhere between 30 and 200 metres.
A plan should be made pointing out the exact location of the grave.
If you are thinking about selling the property in the future, it is worth noting that some people are less keen about the thought of a burial site being within their garden – and it could affect the value.
Burying pets on your land is far more common and socially acceptable, of course. You can bury small animals such as cats, dogs and goldfish on your land without telling the local authority, though it is wise to be wary of nearby waterways to avoid contamination.
You should speak to the local authority before burying large animals like horses as this can be a health hazard.
Rights of Way and Easements
Rights of way and easements are essential legal concepts in property law that facilitate access and use across different properties. A right of way grants an individual or entity the legal right to pass through or over another person's land, typically to reach a public area or another parcel of land. This is often seen in rural areas where private roads may cross multiple properties.
Easements, is a general term, that can encompass a broader range of uses. They allow one party to use another's property for a specific purpose, such as utility installation, drainage or maintenance. Easements can be affirmative, permitting certain actions, or negative, restricting the property owner's actions to protect the easement holder's rights.
Both rights of way and easements are established through agreements, deeds or longstanding use, ensuring clear, legal access while balancing the interests of property owners and users. Proper documentation and understanding of these rights help prevent disputes and maintain harmonious property relations.
Conclusion
As you can see from the above, there are many garden laws you need to be aware of, it not just disputes over the fence. The first port of call for any disputes is to speak to your neighbour to see if things can be resolved amicably.
