Recently, while doing the washing-up, I found myself looking out of the window at our rather sorry-looking garden fence and thinking, "That could do with a spruce-up."
But before I had time to Google, "Do Farrow & Ball make fence paint?", my boyfriend put a dampener on my decorating dreams.
As it turns out, painting a fence is not always as straightforward as dusting off the paintbrushes and rolling up your sleeves: there may be ownership and legal considerations to untangle first.
Who knew fences could be such a source of controversy? Not me, obviously.
If you're a little foggy on the fence-painting rules, read on. We asked property and legal experts what you can — and cannot — do when it comes to this seemingly innocuous boundary feature.
Can you paint a neighbour's fence?
"Generally, you are not permitted to paint, stain or otherwise alter your neighbour's fence unless you have their explicit permission to do so," says Zara Banday, Partner and Head of Residential Property at Slater Heelis.
David Upton, a solicitor in the property disputes team at Birketts, adds: "However, from a property law perspective, ownership and rights relating to boundary features are complicated and you cannot always tell, simply by looking at your side of the fence, what you can and cannot do."
Painting without consent could prompt the owner to seek a civil remedy, potentially including the cost of restoring or repairing the fence.
In some circumstances, it could also constitute criminal damage. That would depend on whether the painting amounted to damage to property belonging to another and whether it was done intentionally or recklessly, without lawful excuse.
How do you find out who owns it?
Start by checking the documents supplied when you bought your home, as well as the title register, title plan and any relevant filed deeds.
"Your first step should be to establish who owns it by checking your property documents, title register and any relevant deeds," says Jenny Davis, Head of Marketing at Forest Garden.
However, do not assume that the Land Registry title plan provides a definitive answer. Most title plans show only general boundaries, and there is usually no public record identifying who owns an individual fence.
"Land Registry title plans typically only show a general boundary and cannot be relied on as evidence of ownership or the legal position," says David.
There is also no universal rule that you own the fence on the left.
"However, it is a common misconception that there is a ‘left-hand side’ rule to ownership,” says Andrew Boast, property expert and co-founder of SAM Conveyancing. "There is no universal legislation stating you own the fence to your left; this is merely a persistent myth."
Likewise, the position of the posts, rails or “good” side is not proof of ownership.
What if ownership is unclear?
Ask your neighbour before doing anything.
"A much safer approach, if there is nothing clear and obvious, is to assume the fence is a shared boundary feature and to ask your neighbour if they mind you painting your side," says David.
Agree the colour, product and future maintenance, ideally in writing.
Jack Malnick, Managing Director of Sell House Fast, says: "Once your neighbour permits you to paint your side of the fence verbally, I'd always recommend getting some form of written permission — even if it’s just an email or a text message."
If the fence is jointly owned, neither neighbour should make a significant alteration without the other's agreement.
What if you own the fence?
You can generally paint your own fence, but first check your deeds, lease or tenancy agreement for any relevant restrictions.
"If you own the fence, you can generally choose how it is finished, but you should not enter your neighbour's garden without permission," says Jenny.
Take care not to let paint or preservative drip or spray onto neighbouring property.
What if your neighbour says no?
Leave the fence untouched and improve the view from your own land instead.
"As an alternative, if your neighbour's fence is an eyesore, you are free to erect your own fence or trellis or screening, for example, within the boundaries of your property and decorate it as you wish," says Zara.
Freestanding screens, shrubs and climbing plants on independent supports are all options. Do not attach trellis, lights, hooks or planters directly to your neighbour’s fence without consent.
The safest rule is simple: if the fence is not clearly yours, ask first — and get the agreement in writing.
This article provides general information for homeowners in England and Wales and is not a substitute for legal advice about an individual property or dispute.
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