Disclaimer
This information on this webpage is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given.

We all have a good chat and catch uo with our neighbours across the garden fence. However, no matter how good the relationship can be. Sadly, neighbours can sometimes be the cause of disputes as well, for example, if your neighbour erects a fence that’s very visible from your property.

However, there are rules for erecting fences, exactly for that reason.

For example, you are not allowed to erect a fence over a certain height. But even if your neighbour stays well within these rules whilst erecting a fence, you might not like how it affects your garden and view.

Another question to ask is, can you paint your side of the fence in order to make it look more attractive and appealing? Based on all the questions, I have spent some time and researched this area, to find out all the answers.

Can a homeowner legally paint their side of a neighbour’s fence?

Put simple, no, they can’t. Apparently, this is because the fence is owned by the neighbour, so it’s their property. If the homeowner wanted to paint the fence, they need to ask the permission of the neighbour who owns it. As the fence is their property, and you can’t force a neighbour to allow you to do something to their property.

In fact, if you don’t own the fence and you paint it without the owner’s permission, it would likely be classed as damage. The neighbour could then, (should they wish) who owns the fence bring a claim on the basis of damage and nuisance. This could result in the homeowner who painted it without permission being ordered to replace the entire fence, or to have it professionally painted and treated to return it to its natural, original condition.

So the short and easy answer is, do not paint the fence without permission. The face of a fence that looks into your garden still belongs to whoever owns the fence. If it’s your neighbour’s, painting, staining or screwing anything to it without their permission can be treated as trespass or even criminal damage.

There is no universal ‘left-hand fence’ rule either, so do not rely on any guesswork. Check the title plans or politely ask who owns it.

Therefore, in my opinion, the best route is a friendly note or chat. Explain to your neighbour, what you would like to do, show them the colour, and offer to use a quality preservative and tidy up afterwards. Get a clear ‘yes’ in writing and do not step onto their side to do the work. Unless of course your neighbour says you can.

It is hugely important to get permission before painting or staining your neighbour’s fence, even if it is on the side that faces your garden. Only the owner of the fence is allowed to make changes to its appearance, so if you don’t have your neighbour’s permission then legally you are not allowed to paint your side of the fence.

If you paint your neighbour’s fence without their permission it can be classed as criminal damage and they can, if they wish, to take legal action. The implications of this can vary depending on your local council but you may have to pay for the fence to be fully replaced or returned to its original condition.

You need the owner’s permission to change or alter it, even on the side facing your garden. Painting may be considered criminal damage if it changes the appearance or forces the owner to pay out repairing it. That is stated under Section 1 of the Criminal Damage Act 1971.

Always find out who the fence belongs to, before you put a brush in your hand and start painting.

So always remember, painting a neighbour’s fence without their consent could be considered criminal damage, because it changes the appearance and may force the owner to spend money on the fence to reverse any work you have done.

If the fence is on your neighbour’s land, you cannot legally paint, stain, or attach anything to it without the owners permission. As doing so, could be treated as damage to their property under the Criminal Damage Act 1971, even if you believed you were improving it.

A fence belongs to whoever paid for it and maintains it. Even if one side faces your garden, that doesn’t make it yours to alter. Painting without permission can amount to damage, and in some cases, trespass, because you’re physically interfering with something you don’t own. In England and Wales, the principle is clear, unless you own the fence or have written consent/permission, you can’t paint, stain or otherwise treat your neighbour’s side.

Without consent and permission, a fresh coat of paint, no matter how well-intentioned, could make your neighbour pursue a civil claim for damages or an order to restore the fence to its original condition. What so often people overlook, is that even attaching trellises or hanging baskets on your side can be challenged if it alters the structure or finish of the fence.

How tall is a garden fence allowed to be?

You are allowed to erect fencing or screens up to 2 metres in most English back gardens without planning permission, provided the boundary is not on a highway and you adhere to the usual limitations. Always check your council guidance. As also, the national planning portal sets out the general principles and guidance.

What can I do, if my neighbour won’t allow me touch my side of their fence?

Refusal does not actually stop you as there are other options to improve the fence. Place your own poles just inside your boundary and fit a decorative screen to them.
And you can choose any colour you like. Up to 2 metre high screens and fences are acceptable in most English back gardens without a planning application, provided they are subject to limitations near certain roads etc.

An unconventional approach to the situation can sometimes work better than any legal dispute. Instead of paint, consider planting a hedge, climbing plants, or installing decorative panels just inside your side of the fence. It gives you the control about how the fence looks, without the legal issues, and in many cases, it resolves the situation by making the fence itself disappear from your view.

An easier option may be to create a ‘green screen’ or ‘green fence’ planting against the fence to disguise and hide it. As long as the planting is maintained and doesn’t cause any problems to the fence, the homeowner who doesn’t own the fence would be well within their rights to do that, as long as it’s on their side of the boundary. If they say no, you still have options. You can put a freestanding screen, trellis or your own fence just inside your boundary and paint that whatever colour you like. Keeping within planning limits (generally up to 2 metres high, or 1 metre next to a road). Avoid fixing plants or panels to your neighbour’s fence without their permission, and remember that any dispute you have over boundaries must be declared when you sell the property. So a calm conversation now is much cheaper than a legal dispute later.

Who legally owns a boundary fence and how homeowners can establish ownership?

There’s a belief, that it is easy to distinguish whose fence is whose. A lot of people believe they are responsible for the fence on the left-hand side of their garden, but that’s not always correct. For this answer, the deeds are key, as usually, there is a T mark on the plan on the deeds of the side of the boundary which you have to maintain. If there isn’t, the next step is to research the property history, such as previous conveyances and deeds to neighbours’ homes from the Land Registry to try and find out who actually owns the fence. If you find a T mark on the neighbours’ deeds, it becomes more obvious which fence is yours to maintain.

There is no universal ‘left-hand fence’ rule either, so don’t rely on any guesswork. Check title plans or politely ask who owns it. To identify who owns a fence you have to consult your properties title plan, on this plan a T symbol will be used to identify who owns the boundary, and therefore the fence on it. However, if you can’t find this information through your title plan you might have to make an educated guess by looking at the positioning of the fence. Typically, the rails of a fence will be facing inwards towards the property that owns the fence, and the ‘good’ side of the fence will be facing your neighbour. If you are unsure who owns the fence it is always a good idea to speak to your neighbour.

Do not resort to the old ‘left-side’ rule. Check for T marks and any writing about responsibility. The Land Registry blog states that registers do not normally state who owns a fence and that neighbours should come to an agreement. Deeds decide ownership.

Look for T or H marks, but only trust them if the deed states what they mean. Most Land Registry records do not state who owns a boundary feature at all.  Always assume the fence is your neighbour’s, unless you have something that states otherwise.