by A retired couple spent their lives in a legal row with their former neighbors over a fence on their shared driveway.
Graham and Katherine Bateson said they have spent £45,000 on legal fees since their late neighbor put up the fence on the driveway between their homes in 2019.
The couple insisted that when they bought their two-bedroom house in Snettisham, Norfolk, for £29,500 in 1987, they were told they would share a drive with their neighbours. But in 2019 her neighbor received legal advice saying she could put up the fence between the properties, prompting them to seek an injunction to take it down.
Katherine Bateson, 73, said: “We’ve lived here 32 years with no problems with the neighbors before, they all agreed it was a shared drive. We bought it as a shared drive, that’s how it was explained to us and sold it with us.
“I don’t understand how you can do all the checks legally and 30 years later it comes back and bites you on the ass.”
The legal battle continued for three years until November 2021, when an interlocutory hearing ruled that a new deed should be drawn up showing the boundary between the two properties aligned with the fence, meaning it could stay .
The couple’s neighbor did not live to see the result, having died in May 2021. Her former three-bed home is now on the market for £375,000 with agents Sowerbys – without mentioning the fence or the a boundary dispute in the sales literature, leading the Batesons to fear that a new owner might replace them.
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Retired window cleaner Graham Bateson, 75, has been arrested even after taking the law into his own hands in September 2022.
He said: “I took down the fence and was arrested for criminal damage. They locked me up for 12 hours on a Sunday with no food until midnight.”
‘It’s all gone’
The Crown Prosecution Service later decided it was not in the public interest to proceed with a prosecution, but the Batesons say they are now left with no savings after spending £45,000 on the series.
Bateson said: “We saved and worked hard. It’s all gone now.”
His wife said: “To take all your life savings like that, when you knew you were right in the first place.”
Both parties paid their own legal costs. The fence has not been rebuilt, and the Land Registry has rejected the amended deed because it was not satisfied with the way the Batesons’ signatures were attested.
The Sowerbys and the family of a late neighbor of the Batesons have been contacted for comment.
What is the law about neighbor’s fencing in the UK?
According to the Citizens Advice, if you and your neighbor disagree about a wall or fence, there are several things you can do to resolve the problem.
He says: “Before you can solve the problem, you need to know where the boundary between your houses is. This will help you understand the property where the wall or fence is or whether it is divided between yourselves.”
The best way to do this is to check the legal documents you received when you bought your home, or buy documents from the Land Registry, he says.
If you disagree with your neighbor about where the boundary is, you can get help from RICS, who work with surveyors who can help with property problems.
If you know where the boundary is, the best approach is to talk to your neighbour, according to Citizens Advice.
“Talk to them face to face if you can,” he advises. “Make a note of what you agreed to. If you don’t feel comfortable talking to them, write to them or ask someone to contact them for you. Keep copies of any letters or emails you send or receive .
“It is often better to reach a compromise, for example sharing the cost of a new fence panel. It may help you maintain a good relationship and is likely to be cheaper than paying a solicitor to settle the dispute to resolve.”
No one needs to change a fence just because a neighbor asks, says the Citizens’ Council, giving an example of someone who wants to make it higher in terms of privacy. You also can’t change your side of the fence, such as painting it, if it’s your neighbor’s.
Legal documents may say you must keep a wall or fence between properties in good condition – and you should make sure it’s safe too. But if the fence is safe and there’s nothing about repairs in your legal documents, it’s up to you to make changes at your neighbor’s request.
If there is an ongoing dispute, you can get help from your nearest Citizens’ Council. You can also seek help from an intermediary – and you can get it through your local council.
