Consumer lawyer Dean Dunham KC has outlined legal rights for property owners facing boundary disputes and holidaymakers whose lost belongings are not returned. Dunham addressed reader inquiries regarding shared garden fences and unreturned items left in rental accommodations.
Reader B.U. from Northampton wrote to ask about a neighbour who plans to build a 10ft extension right up to the property border. The project requires removing a garden fence that both neighbours paid for jointly. B.U. asked whether the neighbour has the legal right to build against the border and remove the fence without permission.
Dunham explained that building near a property line involves two separate legal issues. Generally, a person is entitled to build to the edge of their own land and does not need a neighbour's permission simply because the structure sits close to the boundary. However, the project must comply with planning permission, building regulations, and the rules set out in the Party Wall etc. Act 1996.
If a neighbour intends to build on the boundary line itself or excavate foundations near an adjoining property, formal notice may be required under the Party Wall etc. Act 1996. Dunham noted that while the Act does not give a neighbour a veto, it provides important legal protections. Homeowners retain the right to appoint a surveyor to protect their property, often at the neighbour's expense in many cases, and neighbours cannot ignore those obligations.
Shared Fences and Party Wall Rules
Regarding the fence, Dunham stated that joint payment suggests an intention to share responsibility, but it does not automatically establish joint ownership. Ownership depends on the precise location of the fence, title deeds, and any agreement reached when it was erected.
If a fence is jointly owned or forms a party structure, a neighbour cannot remove it without agreement. Removing a shared fence without permission may amount to trespass or criminal damage. The legal position may differ if the fence belongs solely to the neighbour.
Dunham advised property owners not to obstruct work unnecessarily, but to engage directly with their neighbour. Homeowners should ask whether the neighbour believes the Party Wall etc. Act 1996 applies to the project. If fence removal is necessary, both parties should create a written agreement covering boundary security during works, whether the fence will be reinstated, the standard of reinstatement, and who will pay.
Title deeds should also be checked carefully to identify who owns the fence or is responsible for maintaining it. Dunham warned that these issues should be resolved before a single fence panel comes down.
Lost Property in Holiday Rentals
In a second case, reader G.J. from Oxfordshire asked about a watch left behind at a holiday apartment. G.J. accidentally left the watch, and the apartment owner agreed to post it back after receiving payment for postage. However, the watch never arrived.
When G.J. followed up, the owner stated that the watch was in the possession of a cleaner who no longer worked for them. The owner claimed that there was nothing they could do.
Dunham stated that the reader has clear legal rights and that saying there is nothing to be done is not the end of the matter. Once an apartment owner agrees to look after an item, post it back, and accepts payment, they take on a legal duty of care known as bailment. In simple terms, if someone voluntarily takes possession of property, they must take reasonable care of it and return it.
An employer is usually legally responsible for actions taken by an employee during their work, meaning the owner cannot simply blame the cleaner. Additionally, accepting payment for postage creates a contractual obligation, entitling G.J. to a refund of the fee at minimum because the service was not provided.
Legal Steps for Recovering Possessions
If property is lost because an owner or their staff failed to take reasonable care, the owner may be liable to pay for its full value. Dunham advised G.J. to write to the owner setting out the facts and enclosing proof of the watch's value if available. The letter should request the return of the watch or compensation for its full value, together with a postage refund.
If the accommodation was booked through a platform such as Airbnb, the guest should raise the issue through its resolution process. If platform mediation does not work, claims of this nature can usually be pursued through the small claims court. Guests should also check whether they are covered under any insurance policy.
