Many of us are fortunate enough to be on good terms with our neighbours, resolving issues amicably and alerting them if we are planning any garden work that might affect them. But occasionally things turn sour and disputes can emerge, creating friction between people living side by side.
Whether it is a disagreement over a fence, an overhanging tree or a newly erected shed, it can be difficult to determine who is in the right. With this in mind, a property lawyer has clarified what neighbours are and are not permitted to do in their gardens and tackles some typical points of conflict.
Who owns the fence between neighbours?
Kate Fowler, senior associate solicitor at law firm BRM, told Platinum Spas: "Plans attached to title deeds sometimes include a 'T' mark to show who owns a boundary structure or is responsible for repairing and maintaining it. If the 'T' mark points inwards onto your land, it usually means that the responsibility is yours. This should be confirmed in the body of the relevant title deed."
"If the deeds are unclear as to who owns a boundary feature, there is no legal presumption that determines ownership. Instead, it may be necessary to look at other evidence. For example, information provided on purchase of the property, knowledge as to who erected the boundary feature, or any long-standing agreement between neighbours."
Where ownership or the responsibility for maintenance remains unclear, and the fence is on the boundary line, the parties may decide that the feature is a shared boundary. In this case, repairs or replacement should be agreed jointly, with costs shared. It is also possible to formalise arrangements through a boundary agreement, which can be registered at HM Land Registry.
"If your neighbour is responsible for repair and maintenance of a fence, but refuses to do so, a solicitor can assist you by determining whether you may have a contractual claim for damages, or a potential claim in private nuisance, depending on the facts."
Can you trim a neighbour's overhanging branches?
Kate added: "A property owner can cut back branches that overhang onto their land, but only up to the boundary line. Any cuttings should be offered back to the owner."
"This right is subject to important constraints. For example, works may require consent if the tree is protected (e.g. by a Tree Preservation Order), and liability may arise if cutting causes damage or the tree is harmed."
Can neighbours prevent you from erecting structures that overlook their garden?
Kate went on to say: "Simply being overlooked by a neighbour, for example, through windows, balconies, or raised structures, is not usually considered an actionable private nuisance, especially if they are using their property reasonably. Neighbours generally cannot be stopped from installing such features just because they overlook your land, as long as any necessary planning permission has been obtained (which may, in itself, have considered issues relating to overlooking)."
When garden noise or behaviour becomes a legal matter
Kate explained: "Issues such as excessive noise, smoke, and damage caused by encroaching tree roots or overhanging branches may give rise to a claim where they cause direct damage to the land, or interfere with your enjoyment of your land. The damage or interference must be substantial or unreasonable. Ultimately, this will be for the court to determine, and will involve a consideration of a number of different factors including location, time of occurrence, duration and frequency."
"Access to a neighbour's land is generally restricted, except where there is an express or implied right of way, a prescriptive easement or statutory exceptions, such as under the Access to Neighbouring Land Act 1992."
