Everybody needs good neighbours but not everyone shares the same standards when it comes to maintaining their gardens. There’s not a lot you can do if you disapprove of their artificial grass or collection of wind chimes, but there are occasions when their bad garden behaviour genuinely impacts your quality of life.
How do you know when sloppy or inconsiderate gardening crosses the line and what do you do about it when it does? Here we explore the 7 worst gardening sins that neighbours can commit, and how best to challenge them without it turning into a nightmare.
7 garden problems caused by neighbours and how to solve them
#1: Bamboo and other unwanted plants
Linda moved to Wokingham to be close to family and a survey flagged bamboo encroaching the side of the garden. To progress the sale, her vendor had vertical stones dug deep into the soil to prevent the plant coming in any further. But after moving in Linda discovered the property that backed onto her also had bamboo. She paid £300 for a report that identified it as a ‘running’ variety and gave the details to the neighbour responsible, who initially agreed to place a barrier between his plants and her garden, but never did.
“He refuses to acknowledge that it’s the invasive kind of bamboo and I do worry what might happen in the future,” she says. “I might end up having to take my neighbour to court.”
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The government has identified 36 invasive plants of special concern, with the most well-known being Japanese knotweed. Anyone guilty of introducing or allowing invasive non-native species to grow in a garden could be liable for insurance bills from those living close by and can be charged under the Wildlife and Countryside Act 1981.
While bamboo is not classified as an invasive species, it is considered a ‘common law private nuisance’ and has been hitting headlines recently for the trouble it can cause in gardens and even in damaging the fabric of houses.
If it spreads onto neighbouring property, owners may be liable for damage and removal costs.
#2: Boundary issues
They say good fences make good neighbours but it is often the boundary walls or fences that are the very cause of a neighbours’ dispute. People have all sorts of ideas about who is responsible for looking after boundaries, including the oft-cited ‘It’s always the one to your left’ or ‘If the fence posts are facing you, it’s yours’.
In actuality, there is no way to automatically know who owns or is responsible for which boundary fence or wall. The only way to know for sure is to check the Title Plan or Land Registry and look for a T, indicating the side who owns or should maintain it, or a H which indicates shared responsibility.
One client was at a loss to prevent the nightly intrusion of hordes of deer snacking on his beloved roses
A broken down boundary is an annoying eyesore in a town garden, but can be actively damaging in rural areas. Horticulturist Claire Mitchell says badly maintained fences that allow deer or livestock to enter are a common bug bear for country gardens. “One client was at a loss to prevent the nightly intrusion of hordes of deer snacking on his beloved roses,” she says.
If a neighbour’s poorly maintained fence is ruining your garden and repairs aren’t forthcoming, you’ll have to ask for permission to fix it yourself.
And if overhanging trees drop fruit on your lawn attracting wasps, take the produce round to theirs, as keeping it is a crime under the Theft Act 1968. Simply throwing back fruit or unruly vegetation can count as littering.
#3: Blocking light
Has your neighbour blocked your natural light by planting a new tree? The Right to Light Act 1959 says if you’ve had natural light accessing your windows for 20 years or more, any new obstructions will need to be removed.
But Rebecca Turnbull-Simpson, a Solicitor, at Which?, explains: “Establishing whether a property owner has acquired a right to light and whether that right has been infringed can be difficult to determine.” She also points out that the right applies to your home and not to open spaces such as gardens.
“Whether there has been a reduction of the light to a sufficient level to be considered a legal nuisance would be subject to expert evidence. If it is established, legal steps can be taken to get an injunction and/or damages from the court,” Rebecca suggests.
If a tree that always been there has become a problem though, you need to be mindful of existing Tree Preservation Orders (TPOs). If you start chopping bits off a protected tree without permission from your local council you could be in trouble to the tune of £20,000.
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#4: Noise levels
Is every sunny day ruined by your neighbours revving up their lawn mower and leaf blower? Are they playing loud music every time you want to sit outside, or having parties at some ungodly hour?
Use an app to measure if the noise rises above the permitted levels between 11pm and 7am. If your neighbour is exceeding what’s reasonable, your local council can issue a warning notice, a fixed penalty or prosecute.
Be warned, however - neighbours are allowed to make ‘reasonable’ noise with everyday sounds like footsteps, talking or children playing, even if they are truly annoying to you.
#5: Neglected gardens
There is a recent trend for more naturalistic and wilder style gardens, which are brilliant for wildlife, especially in urban areas, but gardeners who manage their gardens in this way are often extremely conscientious and work hard create beautifully biodiverse spaces. They may let their grass grow long with wildflowers and a mown path through, and place a blue heart sign to show they are doing it for pollinators and other insects.
This sort of intentional, ecological gardening is a far cry from just letting an outdoor space fall into total neglect. A study by Churchill Home Insurance suggests an eyesore neighbour can wipe up to £89,000 off your house price, and this has implications for your garden too. Untended invasive weeds can creep onto your patch, while heavy overgrowth may damage fence panels and garden structures. Overhanging branches from neglected trees can become dangerous and piles of rubbish can attract vermin.
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Legally, you can’t enter your neighbour’s land to clear up garden mess that affects you, but you can trim branches and roots that cross into yours. And if a rotten branch falls and damages something, your neighbours are liable. You can also report rotting rubbish that’s attracting pests to your local council’s environmental health team.
If amicable discussion isn’t helping, document conversations and events and take photos but be aware you’re legally bound to disclose neighbour disputes when selling your house.
#6: An invasion of privacy
Have your neighbours installed something that gives them a bird’s eye view into your garden, a raised patio, playhouse or trampoline? A right to garden privacy isn’t enshrined in UK law, but there are ways to protect yourself from being watched. When a new addition requires planning permission, ‘overlooking’ can be a valid concern.
Paul Gillooly, a small business owner, transformed his garden in Stirling with landscaping and screening. But his sanctuary was ruined when a partying neighbour built a raised deck. “The space felt entirely different,” he reveals. A conversation didn’t bring improvements, so Paul checked local guidelines to help negotiate and reach a compromise, including extra screening for both parties. “I was left with the lesson of how vulnerable enjoyment of a garden can be,” he says.
While it’s legal for UK homeowners to install CCTV on their property, if the camera records footage outside of their boundary, they must comply with the relevant data protection laws. Under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, anyone recording images outside their own property line must have a valid reason to do so and it can’t be excessive or intrusive. If your neighbour’s CCTV captures any part of your property, they should display notices too. You can escalate non-compliance to the Information Commissioner’s Office (ICO).
#7: Problematic pets
Is your garden being ruined by your neighbour’s pets? Alongside dogs that bark, a common concern is local cats pooping in everything from raised borders to flowerpots.
Journalist Tom Hussey, from Tooting, is at his wits end with several fighting cats that that use his garden as their personal toilet. ‘I've been planting, or moving around some compost and hey presto, there's cat poo on my hands/trousers/shoes’. He’s already unsuccessfully tried garlic powder and is reluctant to shell out cash on things like high-pitch noise speakers or anti-cat gel without a guarantee. ‘I don't know who owns the cats so I can't approach the neighbours.’
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In the UK, cats have the right to roam wherever they want and causing injury or harm to a cat is illegal. To repel them without harm, cat welfare charity Cats Protection recommends adding cat-safe, non-toxic items with a powerful scent like citrus fruit, cinnamon, banana or chicken poo to your beds.
To make the soil unattractive to digging cats, keep it damp and add eggshells, stones/pebbles, bark or twigs and plant varieties cats don’t like including rosemary, lavender, curry plant and lemon balm. Since cats like a bit of privacy when they’re doing their business, walking towards them and gently shooing them away might also work. You can use water to discourage them, as cats hate getting wet, but don’t aim at the cat, just spray nearby.
