People need to be aware that a simple decoration could lead to a major issue
Many people are transforming the front of their homes for Christmas this week as December starts. Millions will add various lights outside to enhance their festive displays in the lead-up to the big day. However, people need to be cautious so that this doesn’t result in them getting in trouble.
For most homes, fences are usually shared with a neighbour. This is where issues can arise when someone attempts to make changes without permission, even if it is just temporary, such as hanging decorations.
According to Citizens’ Advice, the rule applies if you plan to attach anything to the fence, including Christmas lights or decorations. It says you must not “alter your side of the neighbour’s fence without their permission”.
Putting up Christmas lights on a neighbour’s fence might get you in trouble, like a fine or other penalties. This can happen not just because of the lights, but also if you damage their property or create light pollution.
It’s essential to ask your neighbour for permission before attaching anything to their fence, as it could be perceived as trespassing or even criminal damage. If you accidentally break something or if your lights annoy others, you may end up having to pay for repairs or even face a fine for causing a nuisance.
Lawsons, a timber and fencing supplies retailer, says on its website that “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 the upkeep of the fence lies solely with the person who purchased and installed it.
Knowing who owns the fence can be tricky. It can often be settled by referring to your title deeds, which might show a ‘T’ indicating which fence side is your responsibility to maintain. Alternatively, speak with your neighbour to determine who needs to seek permission from whom.
Seek permission before facing legal troubles
Always get permission from your neighbour before decorating your side of a shared fence. You may be liable for damages if you cause any, even with their consent.
Your neighbour has the right to ask you to turn the lights down, and in some cases, you could be responsible for the costs of removal and any damage caused. Most disputes can be avoided with proper respect and communication.
If you decide to ignore these rules, attaching lights without consent could be considered trespass or even criminal damage. If taken to court, the sentence for criminal damage varies depending on several factors.
The Sentencing Council has shared online that people may face fines of up to £2,500 (providing the damage caused is under £5,000). Punishments can also depend on the overall circumstances of the case, such as the defendant’s intent or whether aggravating factors were present.
Christmas lights and decorations can damage a fence through physical stress, incorrect hanging methods, and potential electrical issues. To prevent damage, use methods like zip ties, plastic clips, or adhesive hooks instead of nails or staples to avoid holes that can lead to rot and splintering.
If your lights bother your neighbour and make it hard for them to enjoy their home, they can file a formal complaint. If the local council looks into it and decides it’s a nuisance, you could get fined as much as £5,000 for not following an abatement notice to solve the issue.
