A retired couple has spent all their savings on a legal dispute with their former neighbor over a fence on their shared driveway.
Graham and Katherine Bateson said they had spent £45,000 on legal fees since their late neighbour erected the fence on the driveway between their homes in 2019.
The couple argued that when they bought their two-bedroom house in Snettisham, Norfolk, for £29,500 in 1987, they were told it was a shared driveway with their neighbour. But in 2019, the neighbour sought legal advice that she could erect the fence between the properties, after which the couple applied for an injunction to have it demolished.
Katherine Bateson, 73, said: “We lived here for 32 years with no problems with the previous neighbours, they all agreed it was a shared driveway. We bought it as a shared driveway, that’s how it was explained to us and that’s how it was sold to us.”
“I don’t understand how you can have all the controls carried out legally and then take revenge for it 30 years later.”
The legal dispute dragged on for three years until a mediation hearing in November 2021 ruled that a new deed had to be drawn up showing the boundary between the two properties along the fence, meaning the fence could remain.
The couple’s neighbour did not live to see the outcome of the dispute and died in May 2021. Their former three-bedroom house is now for sale with estate agent Sowerbys for £375,000 – with no mention of the fence or boundary dispute in the sales brochure, leaving the Batesons fearing a new owner could replace it.
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In the wake of the dispute, 75-year-old retired window cleaner Graham Bateson was even arrested after taking the law into his own hands in September 2022.
He said: “I tore down the fence and was arrested for criminal damage. They locked me up for 12 hours on a Sunday and didn’t give me anything to eat until midnight.”
“It’s all gone”
The Crown Prosecution Service later ruled that it was not in the public interest to prosecute, but the Batesons say they now have no savings after spending £45,000 on the dispute.
Bateson said: “We saved and worked hard. Now it’s all gone.”
His wife added: “All your savings were taken away from you in this way, even though you knew from the beginning that you were in the right.”
Both parties paid their own legal costs. The fence was not rebuilt and the Land Registry rejected the revised deed because it was not satisfied with the way the Batesons’ signatures were authenticated.
The family of Sowerby and Batesons’ deceased neighbour have been contacted for comment.
What are the rules in the UK regarding a neighbour’s fence?
If you and your neighbour disagree about a wall or fence, Citizen’s Advice says there are several things you can do to resolve the issue.
It states: “Before you can solve the problem, you need to know where the boundary between your houses is. This will help you understand whose property the wall or fence is on or whether you share it.”
The best way to do this is to check the legal documents you received when you bought your home or to obtain documents from the land registry, they say.
If you and your neighbour disagree about the boundary, you can contact the RICS. The RICS works with surveyors who can help with property issues.
If you know where the border is, it’s best to talk to your neighbour, recommends Citizen’s Advice.
“Talk to them in person if you can,” the agency advises. “Make a note of what you agreed to. If you don’t feel comfortable doing that, write to them or ask someone to contact them for you. Keep copies of all letters and emails you send or receive.”
“It’s often best to find a compromise, such as splitting the cost of a new fence panel. This could help you maintain a good relationship and is probably cheaper than paying a lawyer to resolve the disagreement.”
No one has to replace a fence just because a neighbour asks, says Citizen’s Advice, citing the example of someone who wanted it raised for privacy reasons. You also cannot make changes to your side of the fence, such as painting it, if it belongs to your neighbour.
Legal documents may say that you must keep a wall or fence between properties in good repair – and you should also make sure it is secure. However, if the fence is secure and your legal documents say nothing about repairing it, it is up to you whether to make changes at your neighbor’s request.
If there is an ongoing dispute, you can get help from your nearest Citizens Advice Bureau. You can also seek the help of a mediator, who you can find through your local council.
