Thame Out The complimentary magazine for the Thame area
Garden glow-up or neighbour showdown?
One of the most common sources of disagreement between neighbours involves boundary features such as fences, hedges and walls. B P Collins’ property disputes team recommends taking time to understand your responsibilities before starting work to help avoid unnecessary complications later that can delay completion of your project and put your budget for the works in jeopardy.
Who owns the fence?
The most reliable way to establish ownership is by checking the property’s title register, available from HM Land Registry. If it does not, it’s wise to seek legal advice before carrying out any work. Acting without confirmation could lead to a dispute.
In some situations, when a fence is jointly owned by you and your neighbour, it is particularly important to consult with them before making any changes, as you cannot act unilaterally.
Another concern is whether you can make changes to your side of a fence, such as attaching items, painting it, or carrying out repairs. If the fence is owned by your neighbour, you should not take any of these actions without their permission.
If a fence belonging to your neighbour is in poor condition, there could be covenants in the title deeds requiring the neighbour to maintain the fence (although you would need to confirm that these covenants remain enforceable). Alternatively, if a fence in disrepair is causing damage to your property or interfering with your enjoyment of it, you may have grounds for legal action to compel it is repaired.
What height should your fence be?
In many cases, fences can be erected without planning permission under permitted development rights, but there are limits. For fences next to a road or footpath in a front garden, the maximum height is typically one metre. In back gardens, fences separating properties can generally be up to two metres high, including any trellis. These measurements are taken from ground level, which is why standard fence panels are designed not to exceed this limit.
If you wish to install a fence taller than these restrictions allow, you will need to apply for planning permission. It’s also advisable to discuss your plans with your neighbour beforehand to gain their support. If you proceed without permission and exceed the limits, your neighbour could report the issue to the local authority, which has the power to enforce planning rules. This could result in you having to remove the fence, wasting time and money.
In addition to planning permission, other approvals may be required depending on your circumstances. For example, listed buildings, leasehold properties, or certain works may involve additional permissions or compliance with building regulations.
How to approach your dispute
Neighbour disputes often centre on fences, boundary positions, overhanging trees or roots, and concerns about privacy or light. If a dispute arises, the first step is to have a calm and respectful conversation with your neighbour – it is always better if the dispute can be resolved without the involvement of solicitors. If an agreement cannot be reached, it is then best to speak to a solicitor about your options. Mediation by an independent professional may offer a solution without formal legal action. Alternatively, court proceedings may be considered, but only as a last resort. If the dispute cannot be resolved, make sure you keep a record of all communication with your neighbour – text messages, emails or notes of conversations – as your solicitor will need this information to assist with resolving the same.
For further advice and information, please contact B P Collins’ property disputes team at
enquiries@bpcollins.co.uk
or call 01844 397397.
You can read more articles like this one in the latest edition of Thame Out.
