How to deal with common garden disputes

Gary Rycroft advises Good Housekeeping on Disputes

Article by Sue Hayward for Good Housekeeping, August 2022

From the position of boundaries to trees that block out light, there’s a whole range of things that can cause friction between even the friendliest of neighbours. Here’s Good Housekeeping’s guide to resolving the most common arguments . . .

One in five homeowners have been embroiled in boundary disputes with neighbours and disagreements over fences and tall trees can also spark feuds which can get nasty. Settling garden disputes amicably is always best, as you’ll need deep pockets to take the court route, with potential costs of around £75,000 to £100,000, to resolve a boundary issue, warns Richard Jobes, Property Litigation Partner at Schofield Sweeney. Here’s what legal experts say you should try first . . .

Boundary issues

‘Boundary issues are a very common dispute,’ says Matthew Cotton, a solicitor with Hedges Law, ‘and knowing the exact location of a boundary is relatively rare. The first step is to check your property title plans and look for the red line around your property.’ This line denotes the “general boundary”, as on a small scale map it’s impossible to show detail down to the last centimetre. If you don’t have your title plans, contact HM Land Registry for properties in England and Wales (gov.uk/get-information-about-property-and-land). There are separate registers in Scotland and Northern Ireland.

‘If you’re locked in a dispute over whether your neighbour’s fence is 10cm over your “boundary”, you may have to pay a surveyor to come and map out the boundary to scale,’ says Gary Rycroft, Solicitor and Partner with Joseph A Jones & Co Solicitors LLP. As a rough guide, this could cost an average of £1,100 according to Checkatrade.com.

Who owns the fence?

A common misconception is assuming the ‘fence on the left’ is yours, says Gary Rycroft. ‘To establish who owns the fence, you need to go back to your property plans.’ Not sure what the symbols mean? ‘Look for a little “T” shape on the inside of your boundary,’ advises Jobes. ‘If the “T” points into your land, this means the fence is your responsibility.’

If a damaged fence is your neighbour’s responsibility but they won’t budge, splitting the cost could be a compromise worth making to save the situation escalating. In this case, ‘keep a paper trail of any arrangement, say an email to confirm if you’re sharing the cost as a one off gesture of goodwill,’ says Jobes.

Trees and hedges blocking out light

It’s frustrating if your neighbours’ greenery has flourished to the point where it’s restricting your light, but when it comes to the law you have “no right to light”, unless you have something in your title deeds that gives you this,’ says Rycroft. ‘This means if your neighbour has a large tree in their garden, you have no right to ask them to chop it down.’

However, you’re legally allowed to ‘prune it back to your boundary, cut off any branches that overhang your property, and give them back to your neighbour,’ adds Cotton. He suggests telling your neighbour before you start sawing at the tree. ‘If you cause damage by cutting it badly and the tree dies, the neighbour could issue a civil claim for damage to their property.’

Nipping garden disputes in the bud

Try to resolve garden disputes amicably, as you’ve got to live next door to each other. ‘Get your facts straight, so you know your rights and true legal position before approaching your neighbour,’ warns Rycroft. If issues can’t be resolved, you could ask another trusted neighbour to mediate – and always put everything in writing, so you have a paper trail. If more advice is needed, solicitors’ fees can be £100 – £300 per hour, however Citizens Advice say some branches offer 30 minute reduced ‘fixed fee’ sessions if you just want some advice.