BRITS looking to upgrade their gardens this summer have been urged to watch out for this one property law.
Breaking this rule is classed as ‘criminal damage’ and could lead to fines – or worse.
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As the weather warms up, painting your fence might seem like a good idea to give your garden a quick refresh.
But, failing to consult your neighbour before picking up a paintbrush could land you in serious trouble.
This is because fences belong exclusively to one property, and ownership rights need to be made clear prior to making any alterations.
If you are caught painting, modifying or repairing your neighbour’s fence – without their consent or knowledge – this is classed as trespassing or causing criminal damage.
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Under the act, altering someone’s property without a “lawful excuse” could lead to prosecution.
Your neighbour has the legal right to demand the fence be fully restored to its original condition.
This includes covering any costs associated with removing the paint, where the matter can be taken to a small claims court to be resolved.
The Criminal Damage Act 1971 also states that you could be fined up to £2,500, if the value of the damage is £5,000 or less.
To avoid problems arising later, it is strongly advised that you talk to your neighbour prior to making any changes to your fence.
You should also get written permission in the form of a letter or email.



