Five garden mistakes that could land you in legal trouble

Who knew garden law in the UK was so complicated? It turns out that there are a lot of little mistakes you could be making that could land you in hot water. There's lots of rules you might not even realise you could be breaking.

1. Picking up fallen fruit from a neighbour's tree

That's right. The person who owns a tree also owns the fruit or trimmings that fall off it, so taking these without permission (even if they fall into someone else’s garden) can be considered theft.

The law around tree ownership can be complicated, especially if part of the tree overhangs a neighbour’s garden so here's what you need to know,

Who is responsible for pruning a tree?

One thing to know is that if a tree is protected by a Tree Preservation Order (TPO) or is within a Conservation Area, you may need your council's permission to trim it or you could be dealt some nasty fines and other penalties.

Trimming a protected tree without a TPO could be a fine up to £2,500, but destroying or cutting down a protected tree can lead to fines as much as £20,000.

Overall, the tree’s owner is responsible for taking care of the tree, but if a tree reaches into a neighbour’s garden, the neighbour has the right to prune any branches or roots that are on their property, but only up to the property line.

UK law stipulates that you must take reasonable care when pruning neighbours’ trees. You can be held liable if excessive pruning causes the tree to become unstable or die.

As for the trimmed branches, the tree’s owner technically owns them, so the options are to either return trimmings to the tree’s owner or ask for permission to dispose of them.

It’s not a good idea, however, to throw tree trimmings into a neighbour’s garden – even if they’re the tree owner – as this can be seen as ‘fly tipping’ and is illegal.

Who is liable for tree-related damage?

If the tree is on your property, you may be liable for any damage it causes to your neighbours’ property, such as from falling branches or invasive roots, and neighbours may have a cause of action against you.

On the other hand, if excessive pruning or vandalism committed by a neighbour damages the tree, causing it to wilt or fall over, the neighbour would be liable.

2. Planting an invasive plant

Many of us will remember the Japanese Knotweed scare a few years back – when this problematic plant was running rampant through British gardens.

Invasive plants can wreak havoc on not just gardens but buildings and homes as well. Growing these in your garden could mean you are breaking the law due to the Wildlife and Countryside Act 1981 and could lead to fines up to £5,000 fine or as much as 2 years imprisonment.

You can find a complete list of restricted plant species on gov.uk, but there are some plants not included on this list that you may want to be cautious of as well, like bamboo, ivy, wisteria, and rhododendrons.

While they’re not as aggressive or destructive as the restricted plants, they can still be a pest and get you in trouble if they encroach on your neighbour.

Bamboo is one invasive plant in particular that is legal to plant in the UK but can still be a serious nuisance.

Despite being often recommended as a ‘natural fence’ – not requiring planning permission to plant – it is fast-growing and can rapidly spread.

Wisteria, despite its charm and beauty, can also be destructive if it isn’t properly pruned, especially if it climbs buildings and fences. It can choke other plants around it and cause structural damage, and ivy causes similar problems, even blocking gutters and drainpipes.

3. Installing CCTV

When installing security cameras around your property you should be mindful of where they’re pointing. Recording your neighbours or people outside your property might not be against the law on its own, but it can be invasive.

In certain circumstances, your neighbours can escalate the issue to the point of taking you to court if they feel harassed by you.

If your camera captures people outside of your property, you’ll also have to comply with GDPR and DPA laws as well.

This means that you need to display a sign to clearly let people know that you are using CCTV, and you must delete or provide copies of recordings of people if they request it.

To learn more about the rules around domestic CCTV use, you can view this guide the Information Commissioner’s Office.

4. Putting up a fence

Boundary and fence-related disputes and are the greatest cause of tension between neighbours.

Messing with fences that you don’t own can land you in hot water and if you want to replace a fence there are required specifications you’ll need to follow. If you don’t, the local council might ask you to take it down.

Who is responsible for fixing a broken fence?

The owner of the fence is responsible for maintaining it. If a neighbour does anything to a fence they don't own without permission of the owner it could be considered criminal damage.

The property’s deed should tell you which fences you own, which you can get a digital copy of £3 through gov.uk if you don’t have one.

If it still isn’t clear from the deed which fences belong to who and your neighbour doesn’t know, a solicitor or surveyor might be able to find the answer for you.

How tall is my fence allowed to be?

In the UK garden fence height is limited to two meters without the need for planning permission. This includes trellises, garden walls, and outbuildings too if they sit on the edge of the property.

If you install anything higher than this without consulting your local authority first, they could issue an enforcement notice have it taken down.

In accordance with the Party Wall Act 1996, you’ll also need to notify your neighbour if you plan to make any changes to existing fences.

5. Pruning a hedge

The law around hedges is different from fences. Hedges over two meters are considered ‘high hedges’ but that doesn’t mean you have to cut them. Under the Anti-social Behavioural Act 2003, local councils have the authority to mediate disputes about high hedges if a neighbour makes a complaint about them.

However, you can get in trouble when trimming a hedge if there are birds nesting in it. The Wildlife and Countryside Act 1981 makes it illegal in most circumstances to knowingly damage or destroy bird nests or eggs.

With home insurance with legal cover, your insurance may help you with the cost of legal advice and representation for certain disputes. Some providers even offer a helpline you can call for everyday legal advice, making it a worthwhile extra to consider.