Whether it’s a fast-growing hedge, an overhanging tree branch, or a new garden room near the boundary, the garden features that cause neighbour disputes are often the ones that homeowners don’t tend to give much thought to before starting a project.
While most outdoor features begin with the best intentions, it’s surprisingly easy for issues around rights to garden privacy, sunlight and boundaries to cause tension next door. In fact, research from Checkatrade found that six in ten Brits have experienced a garden dispute with a neighbour.
Before you go any further with your garden fence idea or building a new pergola, it’s worth knowing which features are most likely to spark complaints. We’ve spoken to leading garden experts to help you understand the rules every homeowner should be aware of.
1. Fence updates and repairs
Fences are one of the most common causes of disputes between neighbours. From height restrictions to ownership, fence rules are often full of grey areas that regularly catch people out.
If you’re wondering how high a fence can be, in England it can be up to two metres high before you need to seek planning permission – though that drops to one metre if it borders a highway or footpath.
There’s also the question of who owns the fence. ‘The common myth that you own the fence on the left-hand side is just that: a myth,’ says Jamie MacGregor, Checkatrade’s 2025 Landscaper of the Year.
Jamie advises looking at your title register and title plan from HM Land Registry. ‘The presence of a ’T’ mark on the boundary means you own that fence – but note that also means you are responsible for maintaining it. Meanwhile, ‘H’ indicates shared responsibility.’
And if you’ve been eyeing up your side of the fence and wondering if you could give it a lick of paint, you should think twice, says Jamie. ‘Legally, even your side of the fence still belongs to the owner, so painting or staining it without permission could be considered criminal damage.’
If you do want a different finish, installing your own garden screening just inside your boundary is usually the safest option.
Slatted privacy fencing has also surged in popularity. But the other side often shows supports, fixings, and black fabric – which can lead to disputes.
‘When installing, you need to stay within the 2-metre height limit. Careful design, correct orientation, and coordinating with neighbours on placement are advised to avoid disputes over how they look when installed,’ advises Jamie.
Shop garden screening
Wayfair
Hiltraud Steel Privacy Screen
A garden privacy screen can provide an added layer of privacy in your garden, and gives you full creative control without any legal risk.
B&Q
Bamboo Screening Roll
This bamboo screening poll, from B&Q, is a natural, budget-friendly option that softens the boundary, without the need for posts or fixing.
Wickes
Forest Garden Contemporary Double Slatted Fence Panel
A double-sided slatted fence panel means it looks equally good from both sides, making it one of the most neighbourly-friendly fence panels around.
2. Tall hedges and overhanging branches
Mustafa Sidki, litigation partner at law firm Thackray Williams, says that overhanging branches and high hedges are among the most common disputes his team deals with.
‘It is generally the case that you are entitled to cut branches or hedges that have grown over a boundary,’ he says. ‘As branches are owned by the landowner from which they originate, you should ask whether they would like the branches returned or disposed of.’
While there is no legal height restriction on garden hedges, any hedge over two metres in height which obstructs your or your neighbours’ light or view can be complained about to your local council, which can issue a notice for it to be cut back.
3. Pleached trees
Pleached trees – trained to grow with flat, dense, horizontal branches – have gained viral online attention in recent years. The hashtag #pleachedtrees has even racked up over 15 million views. While pleached trees can be a striking alternative to fencing, their height and density mean they can quickly become a source of tension.
‘Rows of pleached trees over two metres may be classed as “high hedges,” giving neighbours the right to request action if they are being impacted, particularly if they are blocking light,’ says Jamie.
If your neighbour’s tree is blocking your sunlight or damaging your fence, it’s worth knowing where you stand. While you can cut back branches that overhang your property, any work must stop at the boundary line, and you should always check whether the tree is under a Tree Preservation Order before carrying out any pruning.
‘Communication is the key to avoiding conflict, particularly when it comes to trees or fences blocking light,’ says Morris Hankinson, managing director of Hopes Groves Nurseries. ‘It might be helpful if you take photos of the tree or view from your garden so they can see firsthand how the lack of sunlight is impacting the space.’
Morris adds that neighbours aren’t always aware of the impact a tree or hedge is having, making an informal chat the quickest and easiest way to try and find a solution.
4. Garden rooms and pergolas
Garden rooms and pergolas have become one of the most popular home improvements in recent years – but they’re also one of the garden features that cause neighbour disputes, often because of that one rule that catches homeowners off guard.
‘They are legal providing they are no more than 2.5 metres tall near boundaries, cover less than half the garden, and are used for purposes ‘incidental to the house’,’ warns Jamie.
This means they cannot have a kitchen or toilet, which would allow them to be used as a separate dwelling or permanent bedroom. ‘If they do, that requires planning permission,’ advises Jamie.
Go above the 2.5m boundary height without permission, and it’s something you’ll need to disclose when it comes to selling. It could result in an enforcement notice requiring alterations, or, worst-case scenario, removal.
There are, however, some important exceptions, says Helen Godsiff of home improvement specialists, Eurocell. ‘It’s always best for homeowners to check local planning rules carefully before purchasing or installing a garden room or large shed,’ she says.
It’s worth talking to your neighbour building a pergola or garden room – a structure that sits perfectly within the rules can still cause friction if it affects their light or sense of privacy.
5. Invasive plants
The chaos gardening trend – a no-rules, scatter-and-see approach to planting – has been one of the most joyful recent shifts in garden culture. But using mixed or poorly labelled seed mixes can unintentionally attract invasive species – which is where things get complicated.
‘Certain invasive plants are covered by legislation due to the damage they can cause,’ says Jamie. ‘If one spreads into neighbouring properties, you could be held responsible. And under the Wildlife and Countryside Act 1981, it’s illegal to plant or cause certain non-native species to grow in the wild.’
To avoid problems, Jamie recommends only bringing plants of known origin into your garden and checking for any restrictions before introducing new species.
6. Garden lighting
A well-lit garden is one of the most effective ways to extend how you use your outdoor space in the evenings – but poorly positioned, or bright lighting can lead to neighbours complaining about outside lights.
‘Bright or badly placed garden lights can spill over into neighbours’ gardens or homes, causing glare and reducing privacy,’ says Jamie. ‘While most garden lights are legally fine, very disruptive lighting could be considered a ‘statutory nuisance’.
If you are putting up lights, be considerate with your placement to avoid garden lighting mistakes. ‘Aiming fixtures downwards will minimise spillover,’ advises Jamie. ‘And using timers or motion sensors can ensure lights are only on when needed.’
Habitat
Warm White Solar Stake Lights
These simple-but-pretty solar stake lights are a popular outdoor lighting option – they’re unlikely to cause any issues with your neighbours, but they’ll add character to your garden.
Argos
10 Vintage Festoon String Lights
Festoon lights won’t get bright enough to cause a disturbance, but they still bring a warm, ambient glow to your garden on a summer evening. These 10 string lights from Argos are highly rated, and a great budget option.
Dunelm
Pir Sensor Outdoor Wall Light
PIR sensor lights are a valuable security addition, but they’re on a timer so will only stay on for a maximum of five minutes. This one from Dunelm is water-resistant and available in matt black or a glossy white finish.
FAQs
Can I be fined for breaking garden planning rules?
In short, yes. While many garden projects can be completed under permitted development rights, some structures – including raised decking, oversized fences and certain garden rooms – may require planning permission.
‘Although it can feel frustrating to face restrictions when upgrading your own garden, planning regulations are in place to protect both homeowners and their neighbours,’ says Helen Godsiff, brand manager at home improvement specialists, Eurocell. ‘They are designed to minimise disputes and prevent problems that can arise from poorly considered developments.’
What should I do if I’m already in a dispute with my neighbour?
‘In order to fully understand your rights, responsibilities and legal obligations, you should obtain advice from a solicitor as soon as possible,’ advises a litigation partner at Thackray, Williams, Mustafa, Sidki.
He does, however, stress that ideally litigation should be a last resort, and disputes should be resolved via negotiation. Formal mediation is available before any legal action is taken and is typically far quicker and less costly than going through court proceedings.
Whether you’re planning a new fence, adding a new garden room, or simply getting on top of your planting, a little forward planning – and a conversation with your neighbours – will pay off.
Read the full article here