Disputes between neighbours are a common occurrence, and fences are among the most frequent sources of conflict. While many people enjoy amicable relationships with those living nearby, disagreements can arise over boundaries, overhanging trees, or new garden structures. A property solicitor has now clarified what neighbours can and cannot do, addressing several typical points of contention.
Who Is Responsible for the Fence?
Kate Fowler, a senior associate solicitor at law firm BRM, explained to Platinum Spas that title deeds often include a 'T' mark to indicate ownership or responsibility for a boundary structure. If the 'T' points inward onto your land, it usually means you are responsible. This should be confirmed in the deed itself.
If the deeds are unclear, there is no legal presumption of ownership. Instead, other evidence must be considered, such as information provided when the property was purchased, knowledge of who erected the fence, or any long-standing agreement between neighbours.
When ownership remains unclear and the fence is on the boundary line, the parties may agree to treat it as a shared boundary. In such cases, repairs or replacement should be jointly agreed, with costs shared. A formal boundary agreement can also be registered at HM Land Registry.
If your neighbour is responsible for maintenance but refuses to act, a solicitor can help determine whether you have a contractual claim for damages or a potential claim in private nuisance.
Can You Trim Overhanging Branches?
According to Kate, a property owner can cut back branches that overhang onto their land, but only up to the boundary line. Any cuttings should be offered back to the tree owner. However, this right is subject to constraints: works may require consent if the tree is protected by a Tree Preservation Order, and liability may arise if cutting causes damage or harms the tree.
Can Neighbours Prevent Structures That Overlook Their Garden?
Simply being overlooked by a neighbour—through windows, balconies, or raised structures—is not usually considered an actionable private nuisance, especially if the neighbour is using their property reasonably. Neighbours generally cannot stop such features just because they overlook your land, provided any necessary planning permission has been obtained.
When Noise or Behaviour Becomes a Legal Matter
Issues such as excessive noise, smoke, or damage from encroaching tree roots may give rise to a claim if they cause substantial or unreasonable interference with your enjoyment of your land. The court will consider factors like location, time, duration, and frequency.
Access to a neighbour's land is generally restricted unless there is an express or implied right of way, a prescriptive easement, or a statutory exception under the Access to Neighbouring Land Act 1992.
