• [Liverpool Echo Icon]
• News
• Gardening

Who owns your garden fence? How to check boundary responsibility and avoid disputes

Stormy weather can leave fences damaged and in need of costly replacement but who foots the bill?

[Backgarden flower bed with fence]

View 2 Images

Who owns your garden fence? How to check boundary responsibility and avoid disputes(Image: JeanCuomo via Getty Images)

While fences generally last for many years, severe weather conditions can leave them damaged or broken beyond salvage. This means they'll frequently need to be replaced entirely, which can prove to be a substantial expense.

This situation can often spark disputes with neighbours. It can be difficult to determine who's responsible for covering the cost, but according to experts at Jacksons Fencing, there are methods to identify which side of the garden fence each party owns.

The initial step is to check who owns the "good side" of the fence. While this doesn't always establish who is responsible, it can provide guidance.

The experts said: "Typically, you can guess who owns a fence by seeing where the rails are, with the fence typically facing away from their property so that their neighbour gets the 'good side' of the fence.

"This is the most secure way of facing fencing, so there are no rails for anyone to use to climb into your garden."

"This is then repeated with the neighbour on the other side to ensure that each home has both a 'good' and 'bad' fence side."

Nevertheless, there is no legal requirement that says your neighbour must receive the good side of the fence, so it's possible that both sides appear identical.

In such circumstances, it is advisable to examine the legal documentation to establish the property boundaries and ownership. The experts said: "Contrary to popular belief, there is not a designated side of the fence to each property. The only way to know for certain who owns that side of the fence is to consult the Title Plan or the Land Registry.

[Woman quarreling with male neighbor]

View 2 Images

Knowing who owns which side can stop neighbour arguments(Image: Getty)

"In this, the 'T' mark is used to indicate who the boundary belongs to and therefore who is responsible for its upkeep."

Should the 'T' mark feature on both sides form an 'H', the fence is jointly owned, according to the fence experts.

This indicates that both neighbours share responsibility for maintaining the fence, which is referred to as a "party wall" or a "party fence".

While walls constructed on the boundary between two properties fall under the Party Wall Act, standard garden fences aren't connected to this legislation. In certain instances, the boundary recorded in the documents may be outdated and consequently inaccurate.

This frequently occurs if the boundary has been modified since the documents were created, or if the neighbours have been occupying your land inadvertently.

Should you believe the boundary is inaccurate, it's advisable that you consult the Land Registry to establish who is responsible for the fence.

The experts added: "Frustratingly, there is no way to make your neighbour repair their fence, even if it is rotting and making your garden look unsightly.

"You can look to hire a disputes expert, but this will go down as an official dispute and have to be declared when selling your house. The only way to get around this would be to install your own fence within your boundary right next to it."

[Liverpool Echo Icon]

ENJOYED THIS STORY?

Choose Liverpool Echo as a 'Preferred Source' on Google News for quick access to the news you value.