Can you cut the branches hanging over from a neighbour's tree?
Can you cut the overhanging branches from your neighbour's tree? Or paint your side of the boundary fence? Read this article to find out before you end up in a neighbour dispute that could scupper your plans for a sale in the future…
Having neighbours can be annoying. They might fire up the lawn mower early every Sunday or pull out the pressure washer at the first sign of summer. At some point during the summer months, there will be some kind of power tools or horticulture going on, and it is almost always noisy.
Unless you live in a very rural area, the likelihood is that you have a neighbour and an adjoining boundary of some sort. So, you have to have some level of harmonious relationship with your neighbours. That's not to say that you have to invite them around every time you have a BBQ; you might only nod a quick hello when you pass in the morning, but life can quickly become complicated if you are at war with the people that you have to live next door to.
So, what happens when you decide to paint the ugly fence along your garden? Or when a tree branch hangs over your wall, and you want to chop it off? You don't want to aggravate or cause animosity with your neighbours, so what should you do to keep things right?
Concerning overhanging tree branches or plants that hang over the boundary into your land, you have every right to prune them back. But, importantly, you must not trespass into the neighbour's land to do so, and you must not cause deliberate damage. Also, if there is a chance of a tree preservation order on the tree, you need to seek proper permissions.
But what if you want to paint the fence? The first thing that you need to ascertain is who owns the fence? The boundary around your home will be marked on the title plan for the property, highlighting which boundaries you are responsible for and which belong to your neighbours. This will determine whether the fence is yours or theirs. Of course, if the fence and the boundary belong to you, you can paint whatever you like. But, if it, in fact, belongs to your neighbour, you must first gain their permission before making any changes or alterations. And the same applies to them; they can only make changes to your fence on their side if they seek your permission.
This actually extends to more than just changing the colour, though. According to Citizen's Advice, it is not possible to grow trailing plants up a fence that doesn't belong to you or to do any "activity which may cause damage."
So, if the branch of a neighbour's tree is hanging over into your garden, feel free to prune it back. If you want to change the colour of a fence that belongs to your next-door neighbour, you must get their permission first. The key thing is to avoid a dispute for several reasons.
Of course, we all want to live peaceful and calm lives without arguing with the neighbours, but it is actually more important than the state of your mental health. If you have a dispute that you can not resolve, it can harm your ability to sell your home in the future. Any disagreement escalated to the authorities must be reported to a prospective buyer.
Of course, as with all disputes, there are two sides to every story. What caused you and your neighbour to fall out might not be an issue to a new owner, but it is better that you don't have these issues to overcome than to have to try and find a new buyer who won't mind about the dispute.
For more information about selling your home, or how to ensure that you don't hinder your sale when the time comes to move, reach out to our team of property experts. We're here to provide you with quick, impartial advice to help you navigate these potentially tricky situations.
Call our team on 01843 222701 or email client.services@oakwoodhomes.biz.