Summer is the perfect time of the year to optimally use your outdoor area and spend time in the garden.
In the warmer months, flowers flower in full bloom and bring a lot of color into nature, and the long sunshine days mean that they can relax in the garden until late in the evening. While the weather is good, it is also a good time to do some garden jobs, e.g. B. licking the fence with a paint or even inserting some decorative additions such as fairy lights so that your space feels more comfortable.
However, gardeners should be aware that the simple act of inserting fairy lights in their fence can actually end up with their neighbors if they are not careful.
If you own the fence in your garden – which means that it is on your side of the property border – you can generally decorate it as you want, including the hanging fairy lights. However, if the decoration becomes a nuisance due to excessive brightness or flashing or if it represents a security risk, this can lead to complaints from the neighbors.
Mark Woloshak, head of legal disputes at Howell's Solicitors, says that neighbors do not automatically have the right to ask them to remove decorations such as fairy lights from their garden fence. If the dispute is not included, it can escalate into a civilian dispute.
He said: “Differences of opinion do not always come from fence placement or repairs. Sometimes they arise from the way a fence is used or decorated. Fairy lights, hanging planters or even color color decisions can cause friction.
“If you have the fence or have the express permission of the owner, you generally have justified to decorate it, but be careful – if the decoration causes a nuisance, such as excessive brightness or the window of a neighbor, it can cause symptoms and lead to disputes.
“If the fence belongs to them, a neighbor can request changes, but it does not automatically have the right to require the distance unless the addition causes a nuisance or a security concern. In such cases, the matter could lead to a civilian dispute that is best avoided by early communication and compromises.
“Neighboring disputes are not only stressful. They can be expensive, many problems can simply be avoided by simply speaking through things before making changes, checking their actions and looking for legal clarity if necessary.”
In cases where property limits and neighborly disagreements were involved in the Howell's lawyers. Many disputes were based on lack of clarity about property or maintenance responsibility. The company now warns homeowners to familiarize themselves with their legal position before escalating the tensions.
Mr. Woloshak added: “Border fences mark the dividing line between two separate properties. You can be a physical structure like a wooden or metal fence, or you can be a legal limit that is identified on title documents or a property plan. While many fences of the legal border are followed, this is not always the case, and here the problems often begin.
“Ownership is usually outlined into title certificates, often with a 't' brand that indicates responsibility. If the 't' appears on its side of the border, you are usually responsible for maintaining this fence.
“In some cases, ownership can be shared or unclear, especially in the case of older real estate, and the solution to the matter can require a basis for land or even legal advice.”