UK households warned simple garden job could trigger unexpected fine and disputes
Reach Daily Express August 13, 2025 01:39 PM

With the weather warming up again, people might want to do some last-minute summer jobs in the garden. From sorting out flowerbeds and trimming hedges, to sprucing up the colour of your fence or shed.

But, could applying a fresh coat of paint to the border of your garden land you in trouble with your neighbour or the law? It might seem trivial, but if your fence faces your garden, then it shouldn't be a problem, right?

Well, according to legal experts, it's a touchy subject. If you don't own the fence, and it belongs to your neighbour, you must ask for their permission before painting it.

It would be the same if you planned to attach anything or even make repairs to it. If your neighbour owns the fence, you must not "alter your side of the neighbour's fence without their permission", according to Citizens' Advice.

Because there are many older properties in the UK, boundary situations can be complex. Old by-laws, rights of way, and historically altered gardens may all contribute to the confusion that sometimes arises.

Lawsons, a timber and fencing supplies retailer, claimed on its website that "only the owner of the fence may make any changes to it, even where the other side of the fence is on neighbouring property". This means that the upkeep of the fence lies solely with whoever purchased and installed the fence.

It's not just paint or wood stain that poses an issue. Neighbours must not grow trailing plants or anything similar, as this could count as "activity which may cause [the fence] damage." A big reason that painting or staining can cause an issue that your neighbour may notice is the risk of paint potentially bleeding through to the other side, which can happen with certain types of paint, wood, and application methods.

The legal implications of altering a fence without permission can vary depending on local laws and regulations. In some areas, making changes to a fence you do not own can result in fines or legal action. It's crucial to consult local ordinances or seek legal advice to understand the specific rules in your area

Without your neighbour's permission, hanging plants, painting, or leaning something against their fence that causes damage can land you in trouble. In fact, you could be charged for criminal damage.

Back in 2010, there were reports that a couple had updated their garden fence with a fresh coat of paint-and then the police arrived. The neighbour, who insisted she owned the 6ft-high fence, complained to the couple that the green splashes had ruined her side, which was painted brown.

Fortunately, most disputes can be avoided with proper respect and communication. Let your neighbour know if you've decided that it's time for new fencing or if you plan to update the colour of the fence facing your garden.

Hello Magazine quoted partner solicitor Elliott Brookes, who works for the Property Disputes Team at B P Collins, about how this kind of neighbourly dispute could end with you stuck paying the bill for any damages. There are steps you can take to make sure everyone is on the same page before you plough ahead with your DIY project.

Elliott said that the most important thing to do is to speak with your neighbour about any changes you are considering. Being open and transparent might reveal that your neighbour isn't that fussed.

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