My neighbour is painting my fence – experts confirm what you can do | UK | News
Summer is finally here and Brits can once again get out into their gardens and enjoy the warm weather. Many residents will begin to dream of making their private space as beautiful and inviting as possible.
For most people this will mean weeding, mowing the lawn and removing garden furniture, as well as trimming the borders. But one job that can be controversial is painting the garden fence.
Whether your neighbor wants to paint the fence or you want to paint your side, there are pitfalls to avoid.
You need to determine ownership of the fence
If it’s your fence your neighbor needs a painting permit
If the fence is jointly owned, any changes need to be discussed with both parties.
Andrew Boast, property expert and CEO of SAM Conveyancing, said: “Whether you can paint your side of a neighbour’s fence depends largely on who owns the fence in the first place, and this can easily be determined by checking your title deed or title records.
“If your neighbor is the sole owner of the fence, you do not automatically have the right to paint the fence, even on the side facing your property.
“Legally, the fence is their personal property. Applying paint without permission constitutes trespassing.
“If you paint your neighbor’s fence without permission, use paint that damages the wood, or apply a color or treatment that affects its structural integrity or appearance, this may constitute punitive damages.”
Meanwhile, Simarjot Singh Judge, managing partner Judge LawHe said: “Just because a hedge faces your garden does not give you any rights over it. Legally, the most important issue is ownership. If the hedge belongs to your neighbour, you cannot paint it without their permission. It is a common myth that each neighbor owns the side of the hedge that faces them, but that is not how property law works in England and Wales. A boundary feature such as a hedge is usually owned entirely by one party unless there is a private agreement to the contrary.”
Real estate market expert Jonathan Rolande says anyone who wants to paint their fence or is worried about a neighbor doing so can check their title deed for a ‘T’ sign.
If the T sign is on your side of the boundary line, then it belongs to you and vice versa.
If an H – two T signs are joined – the fence is shared.
Mr Rolande urged caution, adding that fences and borders could be a “legal gray area”.
