Homeowners have been warned to make one vital check before painting their garden fences this summer - as one big mistake could actually see you break the law15:52, 21 May 2026Think twice before reaching for that tin of fence paint. With summer just around the corner, many of us are keen to get our gardens looking their best ahead of barbecues and lazy afternoons in the sun. Giving your fence a fresh coat of paint might be high on your to-do list - but there's one crucial thing you need to check beforehand.‌Gardening expert Michael Griffiths took to social media to warn homeowners to verify whether they're actually legally entitled to paint their fence, as in certain circumstances doing so could land them on the wrong side of the law.‌Simply because a fence borders your garden doesn't automatically give you the legal right to paint it. Michael explained in an Instagram video that the fence may actually belong to your neighbour, meaning that despite being able to see it from your garden, you have no automatic entitlement to paint it.‌He said: "If the fence belongs to them, it's their property, and you can't change it without their permission. No paint, no stain, no clear coat. You can't even grow anything up it, which may cause damage."If you do it anyway, they could ask you to remove it, or claim for the damage. So the best bet is to have a quick chat first and save any neighbourly nightmares."Content cannot be displayed without consent‌If you've recently purchased a property and are uncertain about fence ownership, you'll need to establish where your boundary lines lie. A fence belonging to your neighbour shouldn't sit on your property line, whereas a fence that's yours will fall within your property's boundaries.You might also discover that certain properties have boundaries on both sides, perhaps a fence on one side and a half wall on the other. In the majority of these instances, the fence belongs to whichever property's side it sits on - so if you can view the half wall from your side, then the fence likely belongs to your neighbour, and the wall to you.Commenters on Michael's video suggested the simplest approach is to simply collaborate with your neighbours. Most people are prepared to reach a compromise on such matters, particularly as your neighbour won't view the side of the fence you're painting, so obtaining permission may prove easier than anticipated.‌One person said: "I asked our neighbour if she would mind, and she was more than happy. I put hanging baskets that hook over the top of the fence too, which she loved, as she said it was extra flowers for her to admire."Another added: "They painted their side first, had a chat with them, and we bought the same paint and did our side. No drama, nice neighbours."Is it illegal to paint my side of my neighbour's fence?The law makes no distinction between "sides" of a fence. If the fence is owned by your neighbour, then that applies to both sides, including the one facing your garden. You cannot paint a neighbour's fence without permission, and doing so could amount to criminal damage - even if you believe you're improving it.‌Under the Criminal Damage Act 1971, criminal damage covers damaging property belonging to another person without lawful excuse, and the damage doesn't have to be permanent or serious. It may seem harmless, but it can be legally classified as damage if it modifies the fence without consent.In most instances, police involvement is uncommon, but it can occur if disagreements intensify. More typically, unhappy neighbours may demand you restore the fence at your own cost, or pursue costs through a small claims court.As Michael mentioned in his video, if you wish to paint a fence that isn't yours, you must request permission first. Obtain this permission in writing so that if your neighbour subsequently claims they never gave you permission, you have evidence that you were legally entitled to paint the fence.Article continues belowThe same applies to painting a fence that does belong to you, too. You cannot enter your neighbour's garden to paint your fence without their permission, as it could be regarded as trespass. To prevent this, paint your fence before you erect it, or simply ask your neighbour if you can access their garden.