Can A Neighbour Enter My Garden Without Permission?

Do I have to give my Neighbour access to my garden?

Generally, if you go onto to your neighbours land without their permission, you are trespassing.

However, if you wish to repair your home, you may go onto your neighbours land without getting their permission.

Before going on your neighbours land, you should still ask their permission..

Can a Neighbour erect scaffolding on my property?

These have to be essential repairs. Extensions or other improvement – for these it is not allowable to erect scaffolding on a neighbour’s land unless they expressly give permission. Naturally, in both cases most property owners would likely appraise their neighbours of the situation and ask permission.

Can a Neighbours gutter overhangs my property?

It is a well established principle that you own the airspace above your land, so if your neighbour’s gutters overhang your land then they may be a trespass, even if you cannot reach them or they don’t interfere with the day to day use of your land.

What happens if a Neighbour objects to planning?

What happens if I do require planning permission? If you apply for planning permission, a letter will be sent to the adjoining neighbours and a notice will go up outside which will give the public a chance to make comments (objection or support) if they feel they are somehow affected by the proposed design.

Can my Neighbour block my view?

Generally, homeowners have no right to a view (or light or air), unless it has been granted in writing by a local ordinance or subdivision rule. The exception to this general rule is that someone may not deliberately and maliciously block another’s view with a structure that has no reasonable use to the owner.

Can my Neighbour access my property?

Often it is vital for one neighbour to go on to the land of another to carry out repairs to their own property. Accordingly, there is a legal right that allows this under the Access to Neighbouring Land Act 1992. Generally, if you go onto your neighbour’s land without their permission, you are trespassing.

Can I paint my Neighbours wall on my side?

If your neighbour owns the wall or fence You can’t make changes to your side without their permission, such as painting it. If the wall or fence seems dangerous, point this out because your neighbour might not be aware. If they don’t repair it, you can report a dangerous wall or structure to your council on GOV.UK.

What is the 45 degree rule?

What is the 45-Degree rule? The 45-degree rule also known as the 45-degree code and 45-degree guide is a method used by Local planning authorities to measure the impact from a proposal on sunlight and daylight to neighbouring properties. … This includes natural sunlight and daylight.

Can I legally paint my side of Neighbours fence?

If you want to change anything about a fence that legally belongs to your neighbour, you should ask their permission first – even if you’re only painting or staining your side of the fence.

How do you tell if a fence is yours or neighbors?

The transfer or conveyance deed might state who owns it, but if it’s not in writing, then look out for any T-mark to the boundaries. The stalk of the ‘T’ will sit on the boundary and come out into your garden or property, which means that fence is your responsibility.

Can my Neighbour take down a boundary fence?

If your neighbour removes the fence without your consent, your neighbour may be responsible for the full cost of replacing it. If, in the process​ of removing the fence, your neighbour enters your property without your consent, your neighbour may have unlawfully trespassed on your land. You should get legal advice.

Can I throw overhanging branches back?

You can cut back any overhanging branch that comes into your property. However, the cut branch(es), and any fruit or flowers attached to the branch(es) remain the property of the tree owner and must be returned. If the tree has a Preservation Order on it then you cannot cut/pare any branches.

Can I put a fence up without my Neighbours permission UK?

As long as it’s not higher than 2m, your neighbour is free to put up a fence on their property. If you have an issue with the fence, you should always try to resolve the situation in an informal way. If you can’t come to an agreement, you can hire a mediator or a solicitor to help.

How close to my boundary can my Neighbour build?

If you are planning on building an extension of more than one story you cannot go beyond the boundary at the rear by more than 3 meters. This only applies when there is no other property on the land to the rear of your your home. The side boundaries can be built up to but you may need to factor in other considerations.

2 metresDebating over boundary fence height between neighbours may not always give birth to productive solutions. You are aware that the legal height limit for a fence is no more than 2 metres.

What can I do if my neighbor keeps trespassing?

It is called trespass. Many times, it carries a criminal penalty. If the neighbor is on your property doing something particularly offensive or dangerous, calling the police is the best and most immediate way of dealing with them. Otherwise, document their trespasses and file a police report.

Can a Neighbour attach things to your fence?

Attaching plant pots, lights or anything else to your neighbour’s wall or fence will require permission! If the wall is on the right, then you must ask your neighbour. If you go ahead and attach something, then you can technically be prosecuted for criminal damage, although cases are sporadic.

Can I paint my side of Neighbours fence UK?

Who can paint or otherwise alter a fence once it’s up? Only the owner of the fence may make any changes to it, even where the other side of the fence is on neighbouring property. This means that if you erect a fence in your garden, your neighbour must ask for permission before painting or staining their side of it.