IF your kid kicks a ball over the neighbour’s garden fence, you could be landed with a hefty fine this summer.
Fines can also be issued if you attempt to get the ball back without your neighbour’s permission or cause any damage to their property.
If your kid launches a football into your neighbour’s garden, you could be slapped with a fine Credit: portishead1
The holidays have begun, and with the sun set to continue shining over the next six weeks, it’s likely many kids will be heading into the back garden for a kickabout.
But disputes over flying into next-door’s lawn can be a point of contention between neighbours.
A number of laws could be broken in a dispute over a rogue ball landing in the grass, and fines issued on both sides of the fence.
The High Court has ruled that kid who repeatedly kick footballs over the garden fence and into neighbours’ gardens are breaking common law.
So what are the rules surrounding this issue, and what repercussions can be faced?
What if I go into my neighbour’s garden to get the ball back?
You do not have the right to enter your neighbour’s garden without their permission.
Heading over the fence without their knowledge to retrieve a ball is considered trespassing.
Instead, head to your neighbour’s front door and ask to get the ball back, or alternatively, ask them to throw it over the fence – although there is no legal obligation for them to do it immediately.
What happens if I cause damage to my neighbour’s property with a ball?
If you cause damage to a neighbour’s property, such as break a window or fence, you are liable to cover the cost of any damage.
If a child causes the breakage, it’s up to the parents to take the responsibility.
Neighbours should keep a log of dates, times and any specific damage that has occurred and record the damage through photos if you ever need to seek compensation in a small claims court.
Do I have to give the ball back?
If a football comes flying into your back garden, disrupting your day, you may feel obliged to keep the item to make sure it doesn’t happen again.
Technically, this is considered theft.
Under the Theft Act (1968), anyone who intends to permanently deprive the original owner of an item would be found guilty.
If your neighbours decided to pursue legal action, a fine is the most likely outcome for first time offenders.
However, if you were to damage, deflate or burst the ball, this would no longer be considered theft and instead could trigger damage charges.
If proceedings occurred, you would be liable to pay for a new ball, and may even be fined by the courts if the issue escalated.
While a fine is frustrating, the bigger issue in this situation is the fact it could lead to a criminal record.
A theft conviction, even for something as inconsequential as a football, can show up on a Disclosure and Barring Service (DBS) check for years, possibly impacting employment, travel visas and insurance premiums.
What can I do if I think my neighbours are kicking balls into my garden deliberately?
If you believe neighbours are launching balls over the fence with the intent to annoy or intimidate you, the situation escalates from a civil property dispute to a potential criminal matter under the Protection from Harassment Act (1997).
If the situation continues for a period of time and causes you distress, you can involve the local council’s anti-social behaviour (ASB) team or the , although this should be logged by the non-emergency 101 line.
This situation occurred in 2025 when .
Children playing on an outdoor all-weather play area would continually kick balls into the Bakhaty’s garden, with Mrs Bakhaty noting that over 11 months, 170 balls had been kicked onto their lawn.
The couple sued the neighbouring and the case was taken to High Court.
The judge dismissed the couple’s request to grant an injunction to stop the use of the play area.
However, he did rule that while the all-weather play area did not give rise to “actionable nuisance”, the “frequent projection of balls over the boundary” from the play area was a nuisance.
As a result, the judge ordered County Council to pay the Bakhatys £1,000 in damages for a period of time when there was “excess use” of the all-weather play area and when “significant numbers of balls were crossing the boundary fence”.
What is the common law on nuisance behaviour with neighbours?
The High Court has ruled that kids who repeatedly kick footballs over the garden fence and into neighbours’ gardens are breaking common law.
High Court Judge Philip Glen ruled that while the odd accidental ball kicking would be just “annoying”, the “frequent projection” of them onto someone else’s land would be in violation of the law.
So, if your kids are found to have been intentionally, and consistently, kicking balls over the fence to frustrate your neighbour, they could be in breach of common law.
This is as a new precedent has been set that the repeated nuisance action would be in breach of the law.
While your kids can’t be arrested for kicking the balls over, your neighbours may be able to sue you if they can prove the nuisance was consistent and intentional.
If they can prove these things, you may be likely to lose, due to the new precedent set.
Hampshire County Council was ordered to pay Mohamed and Marie-Anne Bakhaty £1,000 in damages for the period of time when there was “excess use” of an all-weather play area at their neighbouring school, after making a complaint that a large number of balls were falling into their garden and pool.
Eze Chidiebere Paul
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