Seven bizarre property laws you might have broken without realising

Daily Mail​

4 days ago

When does annoying behaviour become illegal behaviour?
When it comes to our homes and neighbours, working out when the line has been crossed is not always easy.
It is why This is Money receives so many emails from frustrated readers about the latest disputes and disagreements on their street.
We have been contacted about the house next door becoming a student HMO for six people, and a neighbour stealing someone's garden.
We've had one reader emailing in about their neighbour's dog jumping up at their fence relentlessly, and another about the person upstairs removing carpets and causing an unbearable noise.
Many off these involve lesser-known rules that can catch homeowners off guard.
Darren Gallagher, property expert and founder of property consultants Elite Realty Invest, has shared seven of these strange – but legally grounded – property laws that are still in force.
From urinating in your garden to being fined for hanging washing in your front lawn, the UK is home to some weird and wonderful property laws – many of which are still enforceable today.
We asked two legal experts to explain the rules - what the consequences would be for those breaking them.
Can you legally pee in your own garden?
Technically, yes – but only if it's private and not visible to others.
'Whilst not itself illegal, if seen, you run the risk of indecent exposure,' says Mike Hansom, consultant for property litigation at BLB Solicitors.
'Also, if urine finds its way onto neighbouring property, causing damage, you risk your neighbour claiming damages for nuisance.'
Declan Storrar, a solicitor at Hodge Jones & Allen adds: 'If your garden lacks privacy or you're doing it to be seen or cause alarm or distress, you could risk committing a public nuisance or indecent exposure offence.'
You must offer cut tree branches back to a neighbour
Branching out: If you cut a neighbour's tree which hangs over your garden, you must offer the branches back - though not much is likely to happen if you don't
If a neighbour's tree hangs over your garden, you have the right to cut branches back to your boundary – but you are legally obliged to offer the cuttings back to the tree's owner.
Throwing them back without consent or disposing of them could technically lead to a civil dispute.
'This is correct if the branches are cut from the neighbour's tree,' says Hansom.
'However, it is unlikely the neighbour would have a claim of any significant value if you did not return them.'
Looking into a neighbour's window can be harassment
If your behaviour causes distress, it can be classed as harassment - even if you do it from within your own home.
This is the case if you persistently look into a neighbour's window, or another part of their property.
If proven, the affected party may be able to seek legal action, including an injunction.
'It would be unusual for a single incident to amount to harassment,' says Hansom.
'However, it might do if it forms part of a general course of conduct that you know, or ought to know, amounts to harassment.
'Alternatively, it could breach privacy rights, especially if you recorded what you saw.'
Declan Storrar adds: 'Repeatedly watching your neighbour through their window without consent can amount to harassment, nuisance, anti-social behaviour, or even voyeurism.'
Mowing a verge outside your home could be illegal
Many homeowners take pride in tidying the area at the front of their home – but if it is a grass verge, it may belong to the local authority.
In this case, cutting, planting or altering it without permission may be considered unlawful interference.
'Such acts are likely to be unlawful, but the council is unlikely to pursue the matter in many cases,' says Mike Hansom.
'Mowing the land belonging to another is a civil trespass, and depending on the circumstances, it could be a public nuisance to interfere with the land if it forms part of the adopted highway.
'It could also be a criminal offence if the activity obstructs the highway.'
Hanging washing in your front garden can be banned
While it might seem harmless, certain councils restrict where washing can be hung – particularly in conservation areas or near listed buildings.
These aesthetic controls can include bans on visible clothes lines, even on your own land.
Declan Storrar says: 'Though not illegal, some areas have rules - set by the local authority, developers, or in the property's title deeds - that prohibit hanging washing in front gardens. Breaching these restrictions could result in a civil claim against you, or a fine.'
'If you have covenants on your property title, it could be prohibited,' says Hansom.
'If you own a leasehold flat or a house on an estate, you could be bound by covenants restricting activities such as hanging laundry.
'The same goes if you are a rental tenant. In addition, if you live in a conservation area, it might amount to a breach of planning control.'
Your neighbour may have a legal 'right to light'
If a window has received uninterrupted natural light for over 20 years, the property owner may have acquired a legal right to that light.
Any new structure you build that blocks this light could be challenged in court.
You may need planning permission for a driveway
If you lay impermeable paving over more than five square metres of front garden without proper drainage, planning permission may be required.
Without it, councils can issue enforcement notices and require the work to be reversed.
'Planning permission may be required for a driveway, depending on local regulations, the materials used, and the location,' says Storrar.
'Check whether your property is in a conservation area and consult your local authority before starting any work.'
Hansom adds: 'Planning permission is often not required for a new driveway, provided you meet certain conditions.
'However, planning policy varies significantly across the country, so it is essential to check the law as it applies in your area.
'You will likely need the highway authority's permission to install a dropped kerb. Without this, it would be lawful for others to park their cars in front of your new driveway.'
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