As homeowners across the country roll up their sleeves for spring gardening and landscaping projects, property disputes expert Elliott Brookes, Partner, Property Disputes Team at B P Collins, is urging the public to take proactive steps to avoid falling out with their neighbours. The guidance has been shared following GTSE’s guide to Garden Projects and Planning Permission.
From hedge height dramas to creeping tree roots, garden-related disagreements are among the most common causes of tension between neighbours, but they don’t have to be. Taking a thoughtful approach when making garden changes and having awkward conversations upfront can reduce conflict later down the line.
Elliott Brookes, Partner, Property Disputes Team at B P Collins, recently told GTSE,
“Many garden-related disputes can be avoided with some early planning and open communication. Understanding your legal position and being courteous enough to speak to your neighbour before starting work can save a lot of time and stress later on.”
Three Common Garden Disputes and How to Approach Them
Sharing guidance around common neighbourly garden disputes, Elliott Brookes, Partner, Property Disputes Team at B B P Collins, told GTSE,
Boundary Confusion
“Disputes often begin when there’s confusion about where one property ends and the next begins. Issues typically arise when fences are moved, hedges trimmed, or new landscaping is added without agreement.
“The best place to start is by checking your property’s title plan or carrying out searches at the Land Registry. Alternatively, you could consult a surveyor before starting any work close to a boundary.
“You may also want to check which fence belongs to whom, to avoid costly mistakes. T shape? H shape? Left or right side myth? If someone has been maintaining it for years it’s not necessarily their responsibility legally? ”
Trees and Overgrowth Responsibilities
“Branches that overhang or roots that spread into neighbouring gardens can cause damage or inconvenience. While property owners are allowed to trim back growth on their side without permission (to the extent that it crosses their land), there are certain limitations.
“You’re permitted to cut back plants that cross into your land, but only up to the boundary. Any trimmings technically belong to the plant owner and should be offered back.”
“Fruit from an overhanging tree may be collected if it falls onto your property; however, picking it directly from the tree is not allowed.”
Height, Privacy, and Light Issues
“Large hedges, garden buildings, or extensions that impact a neighbour’s privacy or block natural light can result in complaints and, in some cases, formal disputes. They could apply to court for an injunction to force you to take action if there is a substantial interference to an established right to light (which would be a right for light to pass through apertures like windows).
“Always consider how both small and big changes to your garden might affect neighbouring properties and discuss your plans with those living in them before making any updates.”
To help avoid conflicts surrounding these common issues, Elliott has shared practical tips for approaching disputes.
Five Ways to Handle Tricky Neighbours during Garden Disputes
1. Start with a conversation: Many disputes can be avoided or resolved through a calm, direct conversation. A friendly approach is often the most effective first step to preventing escalation.
2. Keep records of communication: If discussions take place in writing, by text, email, or letter, save and document those communications. It’s also helpful to make brief notes of verbal conversations, including dates and what was agreed.
3. Confirm your boundaries: Find and use your title deeds or ask a professional surveyor to clarify where your land ends. Share this documentation with your neighbour, as it is difficult for them to argue with official evidence.
4. Know your legal rights and limitations: Be aware of what you can and can’t do under property law so that you can approach conversations confidently and avoid errors. Your neighbours will hopefully be reassured that you know what you are talking about.
5. Consider mediation: If a resolution can’t be reached informally, mediation is often a constructive next step. A neutral third party can help both sides find common ground without resorting to legal action.
Elliott adds,
“Court proceedings should always be seen as a last resort, given the time, cost and potential impact on neighbour relationships. However, if you do decide to take this route, find a reputable solicitor who has a proven track record.”
For further gardening guidance and data on planning permission and neighbourly complaints, visit the GTSE blog.
Featured Photo by Matthew LeJune on Unsplash.