Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Garden fence advice - can anyone help?

41 replies

katmarie · 05/07/2021 09:47

I'm going round in circles a bit so I'm hoping you lovely people can point me in the right direction for getting some proper advice.

Bit of back story. My husband inherited our home from his parents, so all in all he's been here nearly 25 years, I've been here 5 years or so. Our next door neighbours bought their property about a year before I moved in with DH.

The previous owners of the next door property were quite happy to give permission for hanging basket hooks to be attached to what we believe are their fence posts. The deeds indicate it is their boundry to maintain, and we have no receipts or records of who put the original fence and posts in, so are assuming it is theirs anyway. DH's parents put up the hanging basket brackets, and they have been on the posts for at least 15 years from what I understand. Which means our current neighbours bought the house with these brackets in place and in use.

Here's my question - can the neighbour who lives there now dictate what I hang from those hanging basket brackets, given that they were put up before the neighbour bought the property? I currently have some bird feeders hanging there, because the kids love to watch the birds, as do I. Bird feeders are much lighter than hanging baskets, so the integrity of the fence isn't an issue here.

However the neighbour has asked (quite aggressively) that they be taken off his fence. For context he has recently replaced the fence panels as the old ones were falling apart, at his expense, and believes that having the bird feeders there is causing birds to sit on the fence and crap on it. He also believes that the bird seed dropping is attracting rats. We live on the edge of the countryside and I know rats can be attracted by bird seed, so I do accept that possiblity. However the bird feeders were hanging on the fence posts before he replaced the panels and he had no issue then. And he isn't asking us to remove the brackets, just the feeders themselves.

He's hassling us about taking down these bird feeders, and I want to be able to know exactly what my rights and responsibilities are before I go back to him one way or another. Ultimately I don't want to get into a huge dispute with him over bloody bird feeders, but equally I am uncomfortable about being dictated to in this way. I have searched and searched to find what I can on garden law, but all I can find seems to talk about putting new items up on a fence, not using previously installed hooks to hang things.

If there is anywhere I can go to get some proper advice, we have legal cover on our home insurance so I would happily pay. But, likewise, I don't want to waste a fortune on bird feeders.

OP posts:
RedHelenB · 05/07/2021 17:21

Forget the law bit and accept that the birds are causing an inconvenience re. rats and droppings. Juat place them somewhere else away from his garden for the sake of neighbourly relations.

milkytwilight · 05/07/2021 18:08

From what I understand, none. The previous owner allowed something to be fixed to their property, the new owner has rescinded, as is their right.

CovoidOfAllHumanity · 05/07/2021 18:16

No idea about the law but this seems one for the employment of some common sense

Even contemplating Embarking on a legal dispute with a neighbour and thereby risking devaluing your property about bird feeders seems borderline insane

You admit it's not your fence and that his reasons for asking they be removed are not crazy ones. If he asks that the brackets be removed altogether you'd have to do it because it's his fence and he can rescind his permission so he has all the power in this situation and you would seem to have none.

Surely the answer is just to hang the bird feeders off something else in the garden that is unequivocally your property. You can get free standing poles for the purpose.

PotteringAlong · 05/07/2021 18:19

Just take them off…

user432543424532 · 05/07/2021 18:26

You have no rights. The fence is his property. You have no legal rights to do anything to his property. It is relevant that we are talking about the side of his property facing into his garden.

It belongs to him and it is his decision. He's not dictating. You were acting entitled, so if there is anything to feel uncomfortable about it's your own behaviour.

You might be embarrassed but lashing out to try to get one over on him is not the answer. The best thing you can do is apologise and say you hadn't realised but hope you can both move on from this now that you've removed them.

It's that simple.

user432543424532 · 05/07/2021 18:27

*irrelevant that we are talking about the side of his property facing into your garden.

saraclara · 05/07/2021 18:31

I appreciate that his aggression has made you want to dig your heels in. But realistically, it's his fence and whatever your DH's family did before is entirely irrelevant now. And who wants to start a war with their neighbours over some bird feeders?

Right now the pigeons in my garden are doing my head in with their territory fights on my lawn and their poo everywhere. Right now I have some sympathy with him.

Ginisatonic · 05/07/2021 18:50

If it’s his fence then of course he can ask you to remove the bird feeders.
Get one of those stand alone bird feeder poles with hooks. Then you can still enjoy the birds in your own garden. And do the decent thing and don’t put it right up next to his fence.

Original poster
katmarie · 05/07/2021 19:47

Ok, I appreciate all the opinions, although I'm not sure where I said I'd lashed out about anything. My neighbour has been very aggressive, not just about this, but other things too, and it's becoming difficult to live with, so I am trying to choose my positions very carefully when dealing with him. I haven't actually spoken to him at all about this yet. As I said I wanted to make sure I knew where I stood before I made a decision on what to do next. If any of you can point me to where I can find something that covers the law in this area, or where I can get some sensible legal advice, I would be grateful. That is what I was asking for originally, and am still looking for. Specifically whether he can rescind permission given by a previous owner. As much as I appreciate everyone's comments, I also know not to go by what people on the Internet say without independently verifying the information.

In terms of neighbour disputes we have no intention of selling this house for at least the next 18 years so I'm more concerned about having to live next door to this person than I am about what I might need to disclose in a sale situation. I can put up a post, as people say, and that will likely be the end solution. I will have to stand it next to the fence though and that is just as likely to antagonise him as anything else I do. I'm not looking to win or get into a dispute on this, I just want to make sure what I decide to do is in line with the law.

OP posts:
PotteringAlong · 05/07/2021 20:28

Specifically whether he can rescind permission given by a previous owner

Of course he can! How would he be bound by something someone else said years ago? It’s his house!.

Thisnamewasnttaken123 · 05/07/2021 20:32

They became his posts when he bought the property the same way the house and the garden became his.
Just take them off and hang them somewhere else.
You sound really petty.

TheFlis12345 · 05/07/2021 20:33

If it’s his fence so you have absolutely no rights to have brackets and bird feeders attached to it, or anything else. He could paint it purple with green spots on your side and you couldn’t do anything because he owns the fence.

I had bird feeders on my fence for a few weeks but after we painted it we had to move them as birds do crap all over it and it looks terrible.

Soontobe60 · 05/07/2021 20:38

His fence, his decision. We used to have bird feeders, til I saw mice sneaking out to eat the seeds! Also, they attracted bloody great big pigeons and made a mess of the fence.

Gardengrace · 05/07/2021 20:46

Why would you need to put a feeding stand next to his fence still?

Original poster
katmarie · 05/07/2021 22:06

I don't think it's being petty to make sure that I know what I do and don't have to do, before I change something in my own garden. I also don't think it's being petty to feel a bit uncomfortable about being basically harassed to do this, meaning hes looking over my fence regularly to check whether they are still hanging up there. (They are not by the way, I've taken them down). It just feels pretty unreasonable that they've been there for years and now suddenly they have to move.

And at no point have I said that I am going to refuse to do what he's asking. I don't want to move the bird feeders, or I wouldn't have had them up there in the first place, but if I have to move them, then I will. But sadly the only place really to put a standing pole safely at the moment is on the side of the garden where the fence is. It's not a very big garden, and it would need to be securely put up so my kids can't pull it over and hurt themselves, so that limits the places it can go. The garden will be revamped in a year or two and it might be possible to move it then, but for now my options are limited. So it will no doubt piss him off just as much, but I suppose that will be the next thing to deal with.

OP posts:
Suzi888 · 06/07/2021 02:52

If it’s his fence, you cannot attach anything to it without his permission. The end.
We’ve had massive issues with fencing, boundaries, conifers and an elderly, irate neighbour.

Are the birds pooing all over his garden/washing? We had some decking put up (in an area the neighbour dictated I might add) we placed rattan furniture on it and they’ve put bird feeders there. The birds stuff their faces and then poo all over the area- as birds do. It’s pretty much eat, poo, repeat.
Why are you even feeding birds in summer?Hmm

I imagine what’s happened is you’ve moved in and started changing a lot of things and it’s irritating him. Children, sound levels etc. He’s probably had peace and tranquility, along with a poo free garden for 25 years before you came along. If the feeders were there before, were they filled all year round or just winter? I don’t think it’s about the feeders OP, I think the neighbour doesn’t enjoy living next to a family. Nothing he can do of course, you have every right to move in. But he sounds like he’s being passive aggressive to me. Just move the feeders- it’s not your fence and that’s the law. Try not to fall out over something small, it’s not worth it.

PerveenMistry · 06/07/2021 03:18

@PotteringAlong

Specifically whether he can rescind permission given by a previous owner

Of course he can! How would he be bound by something someone else said years ago? It’s his house!.

Exactly. Op, You have zero legal right to his fence posts.
SD1978 · 06/07/2021 03:28

You say you want to pick your battles, but want to dig in your heels over bird feeders you could relocate to anywhere else in your garden. It's his fence and he's saying after replacing it he doesn't want your bird feeders on it. Not sure why this would be something you'd cause an issue for, knowing you have to live here for another 18 years.

Micemakingclothes · 06/07/2021 04:29

Of course he is hostile. He asked you to take the bird feeders off his fence and your immediate reply was not “sure, I’ll take them down tomorrow”

OnlyFoolsnMothers · 06/07/2021 04:52

Why don’t you hang them on your fence on the other side?

whiteroseredrose · 06/07/2021 05:14

If the birds are used to being fed in that spot just get one of those tall metal poles with hooks on and hang the feeders on there. Amazon sell them for £12.99.

You keep your feeders, he has his fence back. Win win.

LoveFall · 06/07/2021 05:23

Yes, get a feeder pole, plant it nearby and enjoy the birds. We fed birds when we had our own home and it was amazing, year on year. We now live in an apartment/condo we own, but there are rules that say no feeding birds.

We did get an amendment to the rule passed and we can feed hummingbirds, which are plentiful in the Pacific Northwest. We love them.

Yet, one Council member said, wait a minute, they attract wasps and what if someone is allergic?

Some people just don't get it. Get your own pole.

ivfgottwins · 06/07/2021 05:32

www.lawsons.co.uk/blog/fencing/fencing-and-the-law-know-your-rights-before-choosing-new-fencing

A simple Google will tell you what you need to know - if it's his fence you can't even paint it without his permission

ivfgottwins · 06/07/2021 05:34

horticulture.co.uk/can-neighbour-attach-things-to-my-fence/

I know you ssinf you googled it OP but you can't have looked very hard - less than 10 seconds and you should have had your answer 🤷‍♀️

Cattitudes · 06/07/2021 06:11

So it will no doubt piss him off just as much, but I suppose that will be the next thing to deal with.

Yes but then he will be annoyed by something you have a right to do and you just say that you enjoy feeding the birds but will consider relocating it when you do the garden in a few years. Do be aware that he might put anti bird fence toppings but they never seem particularly effective. Maybe get a bird table and bird bath then the birds will have somewhere to perch within your garden.