Fences make a useful canvas for sprucing up our gardens, whether that means attaching strings of festoon lights, plant pots, hanging baskets or climbing plants.
But before you embark on any fence-related DIY project, it's worth checking in with your neighbours first, as you could end up running into some trouble if the fence officially belongs to them.
If they own the fence, attaching things, no matter how visually appealing they are could be considered damaging property or trespassing. There's also an argument that it could weaken the fence's structure over time.
Even if the fence is shared, it's best practice to have an agreement from both parties, as going ahead without it could end up in a nasty dispute – or even legal action. We asked a legal expert exactly what the rules are around attaching things to a neighbour's fence.
Am I legally allowed to attach things to my neighbour's fence?
Usually not, is the short answer. "If the fence belongs to your neighbour, you should obtain their consent before attaching anything to it," Laurie Horwood, Partner at Farrer & Co, explains. "That's whether that's a hanging basket, planter, trellis or garden lighting."
How do I know who the fence belongs to?
A good first step is to work out who owns the fence. "Start with the title deeds and Land Registry documents," Laurie explains.
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"These sometimes identify responsibility for a boundary by way of a ‘T-mark’, although many properties do not have clear markings.
"A common misconception is that there is a rule that the fence on a particular side belongs to one neighbour. In reality, ownership depends on the property documents and the particular circumstances."
What are my rights if it's shared?
“If the fence is jointly owned or maintained, neither neighbour should assume they can make alterations without the other's agreement," Laurie continues. "In practice, most issues can be resolved with a sensible discussion before any work is carried out.
If my neighbour says no, what can I do legally?
If it is your neighbour's fence, they will generally be entitled to refuse permission, Laurie explains. There is no work-aroud here, so you will need to find an alternative way to create a new display, or some privacy, if that's the aim of extending or altering a fence.
"The practical solution may be to install a freestanding structure within your own property rather than fixing anything to the fence itself," adds Laurie.
What if a neighbour has attached something to my fence?
If you're frustrated as a neighbour has attached something to your fence, again the first step is to work out who owns it.
"If you own the fence, you can ask your neighbour to remove it," Laurie continues." If damage has been caused, you may also have a claim for the cost of repairs.
"However, neighbour disputes have a tendency to escalate quickly, so an amicable conversation is usually the best place to start.
Are there other legal risks with fences?
“Boundary issues are one of the most common sources of neighbour disputes," Laurie continues, flagging other areas where gardeners need to be wary.
"Questions frequently arise about ownership, maintenance obligations, encroachment and overhanging vegetation and planning restrictions. "
"What starts as a disagreement about a fence can sometimes become a much wider dispute about the boundary itself.”
