A new couple moved in next door about a month ago. The woman works as a mobile hairdresser and occasionally sees clients at her home.
The couple reach their property via my double driveway. Their deeds state that they have a right of access across our land to get to their own driveway, which is set further back.
Last week, my neighbour put up an A-board advertising her business. It has artificial flowers on top, along with her name and the words ‘mobile hairdresser’.
She placed it on the front corner of my driveway and secured it with large stones, which she positioned in a flower bed beside my wall.
My neighbour did not ask for permission to put the board there, even though the land belongs to us.
I do not want to damage relations with our new neighbours, but I am upset that she acted without asking. What can I do? Is she allowed to have customers coming and going across my land?
Dispute: A This is Money reader says her neighbour has started a hairdressing business from home and is advertising it with a sign on the adjoining driveway (file image, posed by model)
Jane Denton of This is Money replies: You are clearly trying to preserve a friendly relationship with your new neighbours, but her actions suggest she has not shown you the same consideration.
Your neighbour may have a right of way over the driveway to reach her property. However, that right does not automatically allow her to install an advertising sign on land that belongs to you.
Rights of way are usually restricted to specific uses. Displaying a business sign is unlikely to be covered by the access rights set out in the deeds.
The most sensible first step would be a calm, polite conversation asking your neighbour to move or remove the sign. Before speaking to her, check the property deeds again to make sure the board is definitely positioned on your land.
If it is, you could remove the sign carefully and place it back on her property. However, taking that approach may make it harder to maintain good relations with your new neighbours.
Based on your description, it appears that most of the hairdressing work takes place at customers’ homes because this is a mobile business.
If your neighbour is operating the business mainly from her own property, she may need permission from the local council. If the property is mortgaged, she may also need consent from her lender. I asked two solicitors to consider the legal issues raised by your situation.
James Naylor, a partner at Naylor Solicitors, said: Putting the advertising board and the large stones in your flower bed without permission is likely to amount to trespass to land.
The existence of a right of way across the driveway does not give your neighbours ownership of that section of land. Nor does it give them permission to use it for unrelated purposes, such as displaying an advertising board.
You are therefore entitled to ask your neighbour to remove both the sign and the stones and to reinstate the flower bed.
If she refuses, you could send a formal letter requesting their removal. If that still does not resolve the dispute, you could ask the court to order her to take away the sign and stones.
James Naylor said the advertising sign is likely to amount to trespass
If customers start using the driveway to reach the property, whether that use is permitted under the right of way will depend mainly on the exact wording of the deeds and how those rights are properly interpreted.
A greater volume of traffic is not, by itself, necessarily unlawful. However, if the business leads to a substantially different or more intensive use of the driveway, it could amount to excessive use of the right of way.
The extent of her rights depends on the wording of your deeds, which you should check. If your neighbour goes beyond what she is legally allowed to do, you could ask a court to stop her and potentially claim compensation.
You may also have grounds to raise planning concerns with your local council.
Planning permission may be required if operating a hairdressing business from home results in a material change of use, particularly through regular customer visits, increased traffic or disturbance.
READ MORE: Prince Harry Booed by Rugby Fans at First Solo Public Outing
However, the description ‘mobile hairdresser’ suggests she may intend to visit customers rather than receive them at home, so a planning issue should not be assumed.
The advertising board may also require advertisement consent, although some signs benefit from deemed consent, where permission is effectively granted automatically unless someone objects.
Importantly, even where express consent is unnecessary, your neighbour still needs permission from the landowner or someone else legally entitled to give it.
You can ask the council’s planning enforcement team to investigate whether the sign is being displayed unlawfully, although any enforcement action is at its discretion. This is separate from your right to pursue a civil claim for trespass.
Ultimately, while your neighbour may be making a fresh start with her hairdressing business, she cannot simply brush aside your property rights.
Given your understandable wish to maintain good relations, I would suggest starting with a friendly conversation, explaining that you would like the sign and stones to be removed from your land and the flower bed restored. If that fails, you can consider more formal action.
Joanne Ellis, a partner and dispute resolution specialist at Stephensons, said: The starting point here is to establish exactly where the A-board has been placed.
If it is positioned on your land, rather than on land your neighbour owns or has a legal right to use for advertising purposes, then your neighbour should have sought your permission before placing it there.
As the owner of the land, you would generally be entitled to remove the sign and return it to your neighbour, provided you do not cause any damage.
However, while that may be legally permissible, it is unlikely to be the best first step if you are hoping to maintain a positive relationship with new neighbours.
Given that they have only recently moved in and are starting a new business venture, I would suggest having a friendly conversation explaining that you would be more comfortable with the sign being displayed on their property and land.
It would also be sensible to review the title deeds and the terms of any right of way benefiting your neighbour.
Rights of access are often granted for specific purposes and, depending on the wording, may not extend to activities connected with running a business from the property.
There may also be restrictive covenants affecting either property which prohibit the erection of signs, advertisements, or other structures, or even from running any business from the properties.
If the sign has been placed in breach of a covenant, or outside the scope of the rights granted to your neighbour, you may have grounds to require its removal. However, legal action should usually be considered a last resort.
With a new neighbour planning to operate a business from home, this may be a good opportunity to agree some ground rules from the outset, including whether clients will use the shared access, where they will park and how any future business advertising will be managed.
A clear and amicable agreement now could help avoid more significant disagreements in the future.