While painting your fence a pretty pastel shade, planting a new hedge or feeding the birds might all seem like harmless pleasures of having a garden, there are some surprisingly strict rules to be aware of if you live close to your neighbours.
Even something as seemingly innocuous as putting up a bird feeder to encourage more wildlife into your garden could have unintended consequences further down the line.
As one frustrated homeowner wrote on Reddit: 'My neighbour (who has openly hated me for years) has complained to council several times about my bird feeder'. The Reddit user went on to explain her neighbour's two complaints: seed spreading into his lawn and the bird food attracting rats, though the author of the post maintains she had never seen one in either garden.
The post sparked a lively online discussion, with commenters debating whether her neighbour had the right to complain, and many telling her to ignore the complaints.
Bird feeders are a more common cause for complaint than many realise, with the main gripes being that they attract pests, create mess and can encourage weeds. Of course, there are always two sides to the story, but in an instance like this when both parties feel passionately about the dispute, what does the law say?
We delve into the legal risks around bird feeders, including what steps to take if a dispute does arise and how to prevent issues if you do want to keep a bird in your garden.
What are the legal risks around bird feeders?
'Neighbours can complain about almost anything, but the question is whether the complaint has any legal basis,' Laurie Horwood, Partner at Farrer & Co, explains. 'Simply feeding birds in your own garden is unlikely to be a problem.
'The risk arises if the feeder attracts large numbers of birds, creates excessive mess or noise, or attracts vermin such as rats. In those circumstances, a neighbour could potentially argue that it amounts to a nuisance.'
Under Section 79 of the Environmental Protection Act, councils must investigate complaints regarding 'statutory nuisances', but only ongoing and serious cases are likely to require formal action.
What are the steps to take if a dispute arises?
'Neighbour disputes tend to escalate quickly, so it is always better to address concerns early,' Laurie advises. 'A sensible first step is to have a constructive conversation and see whether practical changes can be made.'
These practical steps could include moving the feeder to a spot further away from neighbouring gardens, reducing the amount of food being put out and cleaning the area more frequently – as well as putting measures in place to deal with any pests.
'These steps may be enough to resolve the issue,' Laurie continues. 'Litigation is rarely the best answer to a disagreement of this kind.'
How can you minimise the risk of complaints?
If you do want to put up a bird feeder, there are some steps you can take to minimise the risk of complaints. 'The legal risks are low, but the best approach is simply to be considerate,' suggests Laurie. 'Position feeders away from shared boundaries where possible, keep the area clean and monitor for signs of pests.
'Most people enjoy seeing wildlife in their gardens, but being mindful of the impact on neighbours can help prevent a well-intentioned bird feeder becoming the source of an unnecessary dispute, albeit in practice, any issue is unlikely to be about the birds themselves – usually it just highlights wider tensions.'
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