The obscure garden laws you could be breaking without realising

With warmer weather creeping in, many homeowners will be making the most and spending time outside preparing their gardens ahead of summer. However, while giving your garden some much-needed TLC after a long winter might sound like a good idea, there are a number of rules and regulations people should be aware of before deciding which jobs to carry out.

Related topics:  Property,  Law,  GARDEN
Property | Reporter
9th May 2023
Garden 855
"Perhaps surprisingly, other garden items that can infringe on privacy rights are trampolines. Where possible, avoid placing them anywhere where children can bounce and see into a neighbour's house"

To help, garden gazebo experts Gazeboshop have teamed up with Colum Smith, property lawyer at Taylor Rose MW Solicitors to outline seven laws you could end up breaking in your own backyard.

Allowing Japanese knotweed to spread into the wild

Many people will be familiar with Japanese knotweed due to it being such an invasive plant which is known to cause structural damage to properties.

That said, the laws surrounding the plant are often unknown yet extremely strict. In fact, earlier this year a man was sued for £200,000 for failing to declare his garden contained the plant during the sale of his house.

While you might not be in any rush to sell your house, it is vital to carry out a thorough inspection for the invasive species as letting the plant grow out of your garden and into the wild can leave you with a hefty £5,000 fine.

Samantha Richards, garden gazebo expert at Gazeboshop advises that the perennial weed can be identified by its creamy white flowers, bamboo-like stems and green shovel-shaped leaves.

Cutting overhanging branches

Having a neighbour's tree infringing on your garden can be extremely frustrating especially if it’s blocking light or generally becoming a bit of an eyesore.

Whilst taking things into your own hands may seem like the sensible thing to do, ensure if you do take the cutter to their tree you only trim the overhanging branches up to the edge of your boundary.

You are not allowed to trespass onto their land in order to carry out the pruning and it is worth bearing in mind that you may be responsible for any damage which results from the pruning.

Intrusive garden sheds

Whether it’s a place to store your tools, an area to entertain guests or even a new home office, garden sheds are becoming more diverse and increasingly popular.

If you’re thinking of erecting a new one for this summer it’s worth bearing in mind it will need to meet some stringent criteria.

Most importantly, the structure must not exceed 2.5 metres in height if it comes within two metres of the garden boundary, wall or fence.

Blocking a neighbour’s light

You may think you can plant a tree anywhere you like in your garden because you own the land, but this is unfortunately not true.

If a tree you plant in your garden grows to block natural sunlight into a neighbour’s window that has had access to it for 20 years, this can land you paying compensation or being faced with an order to cut the tree down.

Before planting a tree, think carefully about the height it will grow to and how it may impact sunlight into your and your neighbour’s garden.

Removing or altering a fence which belongs to a neighbour

Fences are often a source of great dispute between neighbours particularly when it is rotten or requires maintenance.

Often the property deeds will point to who is obliged to maintain the fence, so they are definitely worth checking if you still have them.

Do remember that boundaries can move over time so it’s important to refer to the latest documents when determining who retains ownership of a fence.

Picking and keeping fruit or flowers

As we head into spring and fruits like strawberries and cherries begin to ripen it can be tempting to pick some to have a little treat, especially if they're hanging into your garden.

But, if the fruit is from a plant or tree which is on someone else's land, this is technically stealing and your neighbour is legally entitled to demand the fruit back.

Disregarding people’s right to privacy

With more and more people taking precautions for home security we are seeing increasing use of security cameras and doorbells with live video cameras.

It is critical that your cameras placed outdoors only capture film within the confines of your own garden or public space and should not infringe on your neighbours’ privacy.

Perhaps surprisingly, other garden items that can infringe on privacy rights are trampolines. Where possible, avoid placing them anywhere where children can bounce and see into a neighbour's house.

So whether you're tidying up your garden or improving home security, remember to bear these seven laws in mind to avoid getting on the wrong side of the law. A lot of these issues can be ironed out if you maintain a good relationship with your neighbours and speak to them about any niggling issues you may have.

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