Neighbour puts up hairdressing sign without permission

A new couple moved in next door to a homeowner a month ago, with the woman working as a mobile hairdresser, sometimes cutting customers’ hair at her home. The couple’s property is accessed via the homeowner’s double driveway, as stated in the deeds that they have access across the land to reach their own driveway.

Recently, the neighbour put up an A-board sign with her name and the words ‘mobile hairdresser’ on it, propping it on the front corner of the homeowner’s driveway without asking permission. The sign is topped with artificial flowers and wedged with large stones set into a flower bed against the wall.

The homeowner is unsure about what to do, wanting to retain good relations with the new neighbours but feeling upset that they did not ask permission to display the sign. Experts note that the neighbour’s right of way to cross over the driveway does not give her the right to place a sign for her business on the homeowner’s land.

James Naylor, a partner at Naylor Solicitors, notes that placing the advertising board and large stones in the flower bed without permission is likely to constitute trespass to land. The fact that the neighbours have a right of way over the driveway does not give them ownership of that part of the land or a right to use it for other purposes.

Naylor suggests that the homeowner can ask the neighbour to remove the sign and stones and restore the flower bed. If the neighbour refuses, the homeowner could write to her formally and, if necessary, ask the court to order her to remove the sign and stones.

Another expert, Joanne Ellis, a partner and dispute resolution specialist at Stephensons, advises that the starting point is to establish exactly where the A-board has been placed. If it is positioned on the homeowner’s land, the neighbour should have sought permission before placing it there.

Ellis suggests having a friendly conversation with the neighbour, explaining that the homeowner 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 the neighbour.

The homeowner may also have grounds to raise planning concerns with the local council, as operating a hairdressing business from home may require planning permission if it results in a material change of use. The advertising board may also require advertisement consent, and the homeowner can ask the council’s planning enforcement team to investigate whether the sign is being displayed unlawfully.

Given the neighbour’s intention to operate a business from home, it may be a good opportunity to agree on 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, and the homeowner is considering their next steps in addressing the situation with the neighbour, starting with a review of the property deeds to confirm the sign’s location.