Over The Garden Fence !!!

[hammerman]

If i put a fence up on the side of the garden that is legally mine in my deeds, Could i prevent the next door neighbour growing plants up against their side of the fence or even attaching a hanging basket bracket to the post ?

PS, i love my neighbours, this is for someone who's asked me the question and im not sure....my guess would be that the neighbour could plant what they want as long as it doesn't do any damage.

Many thanks

[ToraToraTora]

No

[hc4361]

Yes. Your neighbours need permission to attach anything or paint your fence.

[woofgang]

Hc is right, they can't attach things to the fence or paint it or otherwise make use of it without your pemission.

[gness]

Blimey....I never thought about painting my side....when I moved in it was a new fence..badly erected.....I have painted my side black...which I suppose has dripped to the other side.....whoops.... :-(

[boxtops]

There have been similar questions on here before about this topic, if you put Garden Fence in the red search box, they should come up.

[ToraToraTora]

they cannot do anything legally of course but in reality you can't stop them doing what they like.

[ToraToraTora]

How? observe every day then go to court and get and injunction then enforce it then undo what they did then do the same every week after first getting permission to trespass next door. Yes in theory in practice there is nothing that can be done that is practically endurable for a normal person. Much better for all concerned to come to a friendly arrangement.

[Postdog]

You can stop them actually. As your property, you have the right to protect it from criminal damage and if you feel justified, call the police who will caution or charge accordingly. I know....I was cautioned because I had the temerity to bang a nail in a fence and use string to hold my tree straight.

[ELVIS68]

Bit petty if it's not doing any damage

[Postdog]

Yes it is, but people can be....

[GrumpyDad]

If you purchase and erect a fence on your land, it is your property and as such you are entitled to expect it to be respected as such. Any alterations made by a neighbour to that fence or support structure without your permission can amount to criminal damage.

Criminal damage is when a person, without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

The authorities show that the term "damage" for the purpose of this provision, should be widely interpreted so as to conclude not only permanent or temporary physical harm, but also permanent or temporary impairment of value or usefulness.

For instance, lashing a tree to the fence, which then causes warping to the structure would be an impairment of both its value and usefulness.

"Postdog: I was cautioned because I had the temerity to bang a nail in a fence and use string to hold my tree straight."
- And rightly so. By banging a nail into the fence you had damaged it, by leashing a tree to it, you were subjecting the fence to stresses that it was not expected by the owner to endure. Your actions were disrespectful (not seeking permission to use your neighbour's property in such a way).