Which side of the fence is mine?

Key takeaways

• When determining ownership, check title plans for a ‘T’-shaped symbol on your side of the boundary, if the ‘T’ is on both sides, responsibility is shared with your neighbour

• Posts are usually on the owner’s side of the fence but confirm ownership with title deeds or your conveyancing solicitor

• Owner should pay for weather or wear and tear damage and neighbour should pay if they cause damage to the fence

• Neighbours have no legal obligation to repair their fence unless it’s a safety risk but they must remove fallen fences encroaching on your land

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.

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

Yes, you may be able to work out who owns a fence just be looking at it. 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 no always true.

However, you can make often an educated guess simply by appearances alone. Look out for the side on which the fence posts are located.

In most instances, the posts will be on the fence owner’s side, with the ‘good side’ of the fence panels facing into the neighbouring garden.

That said, to establish ownership with any real certainty you’re going to have to track down your title deeds/plans, or get in touch with the conveyancing solicitor you used.

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.

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.

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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