A property lawyer has defined what householders can and may’t do of their gardens, together with how you can set up fence possession and resolve widespread neighbour disputes over boundaries
Fence disputes are a typical problem (Picture: Liudmila Chernetska by way of Getty Photos)
Many people are lucky sufficient to be on good phrases with our neighbours, resolving points amicably and giving them truthful warning if we’re planning any backyard work that impacts them. Nonetheless, issues do not all the time run easily and disputes can emerge, creating friction between these dwelling facet by facet.
Whether or not it is a disagreement over a fence, an overhanging tree or a newly erected shed, it may be troublesome to determine who’s in the correct. With this in thoughts, a property lawyer has outlined what neighbours can and can’t do of their gardens, addressing a number of the most typical sources of battle, studies the Liverpool Echo.
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Who owns the fence between neighbours?
Kate Fowler, senior affiliate solicitor at regulation agency BRM, instructed Platinum Spas: “Plans connected to title deeds typically embody a “T” mark to point out who owns a boundary construction or is chargeable for repairing and sustaining it.
If the “T” mark factors inwards onto your land, it normally implies that the accountability is yours. This ought to be confirmed within the physique of the related title deed.
“If the deeds are unclear as to who owns a boundary characteristic, there isn’t any authorized presumption that determines possession. As a substitute, it might be mandatory to have a look at different proof. For instance, data offered on the acquisition of the property, information as to who erected the boundary characteristic, or any long-standing settlement between neighbours.
“The place possession or the accountability for upkeep stays unclear, and the fence is on the boundary line, the events might determine that the characteristic is a shared boundary. On this case, repairs or alternative ought to be agreed collectively, with prices shared. It’s also potential to formalise preparations by a boundary settlement, which could be registered at HM Land Registry.”
“In case your neighbour is chargeable for restore and upkeep of a fence, however refuses to take action, a solicitor can help you by figuring out whether or not you might have a contractual declare for damages, or a possible declare in non-public nuisance, relying on the details.”
Kate Fowler (Picture: BRM/Platinum Spas)
Are you permitted to trim a neighbour’s overhanging branches?
Kate added: “A property proprietor can in the reduction of branches that overhang onto their land, however solely as much as the boundary line. Any cuttings ought to be provided again to the proprietor.
“This proper is topic to necessary constraints. For instance, works might require consent if the tree is protected (e.g. by a Tree Preservation Order), and legal responsibility might come up if slicing causes harm or the tree is harmed.”
Can neighbours forestall you from setting up constructions that overlook their backyard?
Kate continued: “Merely being ignored by a neighbour, for instance, by home windows, balconies, or raised constructions, isn’t normally thought of an actionable non-public nuisance, particularly if they’re utilizing their property moderately. Neighbours typically can’t be stopped from putting in such options simply because they overlook your land, so long as any mandatory planning permission has been obtained (which can, in itself, have thought of points referring to overlooking).”
Fence disputes must be solved early (Picture: Barbara Eddowes by way of Getty Photos)
When backyard noise or behaviour turns into a authorized problem
Kate stated: “Points resembling extreme noise, smoke, and harm attributable to encroaching tree roots or overhanging branches might give rise to a declare the place they trigger direct harm to the land, or intervene along with your enjoyment of your land.
“The harm or interference should be substantial or unreasonable. Finally, this will likely be for the courtroom to find out, and can contain a consideration of quite a lot of various factors together with location, time of prevalence, length and frequency.
“Entry to a neighbour’s land is mostly restricted, besides the place there may be an categorical or implied proper of method, a prescriptive easement or statutory exceptions, resembling underneath the Entry to Neighbouring Land Act 1992.”
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