Which side of the fence is mine?

Key takeaways

• Check your title register, title plan and property deeds for information about your property's boundaries and responsibility for fences. A ‘T’-shaped symbol can provide a useful indication, but it isn't always conclusive on its own

• Posts are often on the fence owner's side, but you shouldn't rely on the appearance or position of a fence to establish legal ownership

• The owner of a fence will generally be responsible for its maintenance, unless the deeds or another agreement say otherwise. If your neighbour damages your fence, they may be responsible for the cost of repairs

• If you can't establish who is responsible for a boundary, try to reach an agreement with your neighbour. If you can't agree, you may need professional or legal advice

Which fence is mine?

Check your title deeds or title plans to check whether a fence belongs to you or your neighbour. These will show the boundaries of your property.

You should be able to tell if the boundary fence is your property by looking for a ‘T’-shaped symbol or ‘t mark’. This may show on one or both sides of the boundary.

If the ‘T’-shaped symbol is on your side of the boundary and yours alone, the fence is your responsibility.

However, if the ‘T’ symbol shows on both sides of the boundary you and your neighbour bear joint responsibility for repairs and upkeep of the fence.

In the event that you don’t have the title plans or title deeds anywhere to-hand or you’ve lost them, you can get fresh copies from the Land Registry.

It’s possible that the title plan or title deeds won’t show you the boundary information you’re looking for. In which case, your best bet is to see if you can find the seller’s property information form.

Alternatively, you may want to get in touch with your conveyancing solicitor who might have ascertained the answer from the seller when conducting checks.

How does a T mark work?

A T mark can indicate which property is responsible for a boundary feature, with the T normally extending into the property responsible for that boundary.

A T mark can look like this:

A T mark extending into your property can indicate that you are responsible for that boundary. If T marks appear on both sides, this may indicate shared responsibility.

Always check the wording of the relevant deed or document rather than relying on the T mark alone.

Can I work out who owns a fence by looking at it?

You may be able to make an educated guess about who owns a fence by looking at it, but you shouldn't rely on its appearance to establish legal ownership.

You may have been told that the fence for which you're responsible always lies on the left-hand side of your property, as you look at it from the street. But that's not always true.

You may also have heard that the fence posts show which side of the fence belongs to you. In many instances, the posts will be on the fence owner's side, with the ‘good side’ of the fence panels facing into the neighbouring garden.

However, there is no universal rule about which side of a fence you own, and fences may have been replaced, moved or installed differently from the original boundary.

To establish ownership with any real certainty, check your title documents and any relevant deeds, or get in touch with the conveyancing solicitor you used.

Does the red line on my title plan show which fence is mine?

Not necessarily. The red line on a Land Registry title plan generally shows the general extent of the registered property, rather than the exact position of the legal boundary.

This means you shouldn't measure the distance between the red line and the fence on a title plan and assume that this tells you exactly where the boundary sits on the ground.

If the position of the boundary is disputed, you'll need to consider the title documents and any other relevant evidence rather than relying solely on the red line on the plan.

Am I responsible for maintaining my garden fence?

Whether you are responsible for maintaining your garden fence depends on your responsibilities as outlined in the deeds and legal documents for your home.

If you are responsible for your own fence and damage has rendered it dangerous, there’s a possibility your neighbour could pursue legal action.

Who has to pay for damaged fences?

In the event of damage caused by bad weather or wear and tear over time, the owner of the fence is responsible for paying for repairs and maintenance.

However, if the damage has occurred as a result of your neighbour’s actions, they should pay for the repairs.

Locked in a dispute over damage to your property? Read our one-stop guide what you can do if a neighbour damages your property.

Does home insurance cover fence damage and repairs?

Yes, home insurance normally covers fence damage and repairs - but it depends on your policy. On paper, your buildings insurance policy, which comes under the umbrella of home insurance, will cover structures that lie within the boundaries of your home, including sheds, gates and fences.

But that’s not to say that all policies will necessarily cover you for all types of fence damage. That means you’ll need to check the small print for policy exclusions.

It’s not uncommon for policies to exclude storm damage caused by a tree falling on a fence. Conversely, fences are usually covered for damage caused by fire or vandalism.

Your policy may also have an excess, limits or other conditions that apply to fence claims.

Is my neighbour obliged to repair their fence?

Legally, there’s no obligation for your neighbour to fix or replace a fence, except when the damage represents a safety risk.

Circumstances that fall into this category include if the broken fence allows access to railways or a building site.

However, if a fence is just ‘unsightly’ there’s not much you can do, apart from speak to your neighbour or erect a new fence of your own to cover the broken one.

It’s also worth noting that if a neighbour’s fence has fallen over so that it encroaches on your land and is damaging it, they’re obliged to remove it. But there’s no legal requirement that they erect a new one.

If you're unsure about your rights or obligations, consider getting legal advice before taking action.

What if we can’t work out who’s responsible for a fence?

Even after referring to legal documents, you might not be able to discern fence ownership or who is responsible for fence repairs.

This is because there’s no legal requirement for fence responsibility to be outlined in title deeds.

If you’ve checked your title deeds and title plan haven’t been able to establish where responsibility lies for repairs, you could try and work out an equitable arrangement with your neighbour by making a boundary agreement.

By doing so, you’ll be recording the boundaries between your properties, so it’s explicit to whom responsibility belongs for repairing fences.

Another option is to apply for determined boundary. This will cost you £90 and you’ll be liable for survey and solicitor fees too.

In return you’ll get a record of the precise boundary between your neighbour’s property. Find out more at GOV.UK.

What is a boundary dispute?

Boundary disputes are disagreements between homeowners over the location of a boundary line or property boundaries.

These disputes can arise for various reasons, such as disagreements over the exact location of a property line, encroachment of fences or other structures, boundary ownership, or issues with access or use of shared amenities.

If you can’t resolve a boundary dispute amicably, you may need to seek legal advice.

What can I do if there’s a mistake on title plans?

If you think there’s an error on your title plan, you can make an application to get it amended.

You’ll have to write to the HM Land Registry to outline why you think there’s a mistake. It’s also incumbent on you to supply and supporting documents for evidence.

Will home insurance cover fences for subsidence?

Standard home insurance policies typically won’t cover damage to fences caused by subsidence. Check the terms of your policy first, but in most instances you’ll need to sign up for additional cover.

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