It can be hard to know who is responsible for them, especially if disputes happen
There is a simple way to check which fence is yours(Image: richard johnson via Getty Images)
Many of us aim to maintain good relationships with our neighbours, but this isn’t always the case. Disputes can flare up rapidly, creating tension between people living side by side.
Whether it’s a disagreement over a garden fence, overhanging trees or a new shed, it can be difficult to establish who is in the right and who is in the wrong. Fences are a common feature in gardens throughout the UK, used to mark boundaries between neighbouring properties.
Yet, when it comes to replacing, repairing, or simply giving fences a fresh coat of paint, it’s essential to know which household is responsible for them.
A property lawyer has outlined the most effective way to determine which fence belongs to you, and whether you are responsible for its upkeep.
Who is responsible for the fence between neighbours?
There is a widespread misconception that homeowners are responsible for the fence on the left-hand side of their property. However, Goughs Solicitors clarified: “There is no general rule about whether you own the fence on the left or the fence on the right of your property.
“The first place to look to see which boundaries you own and are responsible for maintaining is your title deeds.”
Kate Fowler, senior associate solicitor at the law firm BRM, told Platinum Spas that the standard method for establishing ownership is to look for a specific code in the title deeds.
She said: “Plans attached to title deeds sometimes include a ‘T’ mark to show who owns a boundary structure or is responsible for repairing and maintaining it.
“If the ‘T’ mark points inwards onto your land, it usually means that the responsibility is yours. This should be confirmed in the body of the relevant title deed.”
Some deeds won’t display this information, so Kate explained: “If the deeds are unclear as to who owns a boundary feature, there is no legal presumption that determines ownership. Instead, it may be necessary to look at other evidence.
“For example, information provided on the purchase of the property, knowledge as to who erected the boundary feature, or any long-standing agreement between neighbours.”
What to do if the deeds don’t say who owns the fence
If it is still unclear who the fence belongs to, the solicitor noted that neighbours can reach an agreement between themselves. She stated: “Where ownership or the responsibility for maintenance remains unclear, and the fence is on the boundary line, the parties may decide that the feature is a shared boundary.
“In this case, repairs or replacement should be agreed jointly, with costs shared. It is also possible to formalise arrangements through a boundary agreement, which can be registered at HM Land Registry.”
Can you make your neighbour repair the fence?
A fence in your garden might belong to a neighbour, meaning they’re responsible for its repair and upkeep. However, that can prove more challenging than it sounds.
Fortunately, there are ways to resolve the issue. Kate explained: “If your neighbour is responsible for the repair and maintenance of a fence, but refuses to do so, a solicitor can assist you by determining whether you may have a contractual claim for damages, or a potential claim in private nuisance, depending on the facts.”