Homeowners can use a shared fence as they wish, provided it is safe, without needing their neighbour's consent, according to Citizens Advice Scotland. However, if the fence is jointly owned, each neighbour has equal rights to use it, as long as neither makes it unsafe.
What are your rights with a shared fence?
Citizens Advice Scotland advises that a person can use a barrier that belongs to them as they wish, without their neighbour's consent, as long as it's safe. The neighbour has no rights over the barrier. For example, it can't be used to support trailing plants without the owner's permission.
If the fence is jointly owned, each neighbour can use it for support, as long as neither makes it unsafe. A property owner doesn't have to repair their barrier unless the title deeds say so.
Liability and repairs
However, if the barrier injures a person or damages property, the owner might be liable for damages. It's therefore in the owner's interests to keep the barrier in a reasonable state of repair.
Shared gardens and paths
Neighbours might also end up in rows over shared gardens or paths. Citizens Advice Scotland said: "If you and your neighbours share a garden, there might be problems with sharing it equally." This might be because one household has easier access to the garden than others. You should try to talk to your neighbour about the problem and find a solution.
You can check the property documents, title deeds or tenancy agreement to find out who has rights to be in the garden. The responsibility for maintaining it and improving it should be shared as part of those rights. If you need help to talk to your neighbours, there might be a local mediation scheme.
When to avoid approaching your neighbour
Often, talking to your neighbour can help resolve a problem quickly and amicably. But you should only approach your neighbour if it is safe to do so. The experts added: "If you feel comfortable, you should approach your neighbour to discuss the problem. However, you shouldn't approach your neighbour if they have acted with threats, violence or harassment. Instead, you should contact your local council or call the police."
