Boundary wall rules: Which fence is mine?

Which fence or garden wall is your responsibility and who needs to maintain them? What happens if it isn't clear? And what help can you get if relations with your neighbour break down. Let's take a look.

Angela Kerr Director, Editor

Boundaries between gardens are often a real bone of contention between neighbours leading to serious disputes. Knowing which boundary wall or fence is yours and what you are responsible for, can avert a lot of hassle and even legal wrangles. But there is no legal obligation for these to be maintained. We look at your options

Boundary fence rules in the UK

It’s common to assume that you automatically own the fence on the left hand side of the house as you look at it from the street. But this isn’t set out in law. Believing that that the smooth side of the fence should face the neighbour when being erected is another common misconception. In reality, there is no clear rule. Whoever owns and builds the fence is free to choose the style, colour and direction of the fence as they see fit.

To find out which fence or boundary wall is your responsibility in the UK, start by looking at the deeds to your property. On modern properties, there should be a plan drawn to scale which shows the boundaries. The plan registered at HM Land Registry should be a scale plan, as well as, the original purchase deed. If you can’t find your plan in the paperwork you received when you bought the property, you can obtain a copy of your title deeds from the Land Registry.

How can I establish which fence is mine?

Once the plan is received, you can see if there are “T”s on any of the boundaries.  A “T” shown on the inside of the boundary line indicates the ownership and responsibility to maintain – be it a wall or a fence.  If the “T” is matched by another “T” on the boundary so it looks like an “H”, this shows the boundary to be a party wall/ fence. This means joint responsibility for the maintenance of the wall/fence.

Which fence is mine if the deeds don’t indicate ownership?

However, if the deeds and plan do not give an indication of ownership, you are then reliant on “presumptions”.  For example, with a wall, the boundary is likely to be on the far side of the garden wall. It is presumed that the person who erected the wall would build it entirely on his/her own land.

That said, a wall can appear to be exactly the same on both sides with no clear indication of it being on a particular property. This will likely mean it is a joint boundary wall with joint responsibility.

With fences, unless your deeds show a specific marking which indicates ownership of a fence, the responsibility for the boundary is shared by the owners of the properties which the boundary separates.

Looking for help with a Fence Boundary Dispute? Speak to a property dispute lawyer and dispute resolution team for FREE initial phone advice –  no strings attached.

Do I have to have or maintain a barrier around my property?

No, there is no obligation in law to form a physical boundary or have a fence around your property.

Laws of this sort only apply alongside railways, around disused mines, around building sites adjacent to highways or to pen livestock into a particular field.

This absence of any legal obligation can be particularly distressing if you have a neighbour who’s either let their fence rot away, has a wall that isn’t being maintained or has sections of it missing. In short, there’s nothing in the law that you can use to force them to repair it.

Having said that, if an injury or damage were to occur as a result of the damaged fence, they could be forced to pay extensive reparations.

Who is responsible if a boundary wall collapses?

Unless the deeds specify for the garden boundary wall to be maintained, there is no legal requirement for the owner to maintain the wall. However, the owner could be liable if the fence or wall causes damage or injury because it has been neglected.

Are fences covered by home insurance?

Most standard home insurance policies will include a certain level of protection for structures outside your home such as fences. However, wear and tear due to poor maintenance won’t be covered. There may be some coverage for storm damage which you can read more about here. Be sure to check your policy for details and any exclusions.

What can I do if my neighbour won’t repair their fence?

If your neighbour won’t repair their fence there isn’t anything in law that you can do to make them. However, you could choose to erect your own fence inside your own boundary. Be careful not to damage their existing fence. While you may lose a few centimetres of land, if you can afford your own solution, then this allows you some control of the situation.

Can I treat or lean things on my neighbour’s fence?

A lot of people also assume that they are free to lean things on their side of a fence, stain or paint their side of a fence, grow plants up it or attach ornaments.

Even if it’s on your side of the fence, if the fence belongs to your neighbour then you are not allowed to do anything to it without their permission. Even staining or painting your side of the fence without asking them amounts to criminal damage.

If the fence is owned by your neighbour and falls within the legal guidelines, there is nothing you can do about it.

Fence boundary disputes

Arguments around boundaries and boundary walls and fences are very common are are often far more difficult to sort out than it might seem.

Problems can easily arise, in particular, when boundaries are not clearly set out or demarcated. So getting the right legal advice at an early stage on any property dispute can be so important.

Looking for help with a Fence Boundary Dispute? Speak to specialist property dispute lawyers for a free no-obligation consultation of your case.

If direct negotiation, or even a letter from your solicitor doesn’t solve the problem, then the next step may well be to consider mediation.

Mediation allows both parties to have their say and to present their arguments in front of an independent trained mediator – whose job it is to find some common ground and try to seek a resolution which suits all parties.

Mediation doesn’t suit everyone. But our partners at Bonallack and Bishop, have a dispute resolution team with years of experience showing it does work. In their experience, mediation is usually quicker, much cheaper and much less stressful than a court application.

It’s also important to consider mediation before the last resort of going to court. Judges will not look favourably on cases which have not explored all possible solutions before taking a dispute to court.

What’s a boundary agreement?

You and your neighbour can opt to great a ‘boundary agreement’ to record the boundary between two properties and who is responsible for maintaining a fence, hedge, wall, or tree between two properties.

However, you can’t use a boundary agreement to sell or give away part of your land. And it’s important to get legal advice if you’re considering making a boundary agreement.

Speak to specialist property dispute lawyers for a free no-obligation consultation of your case.