• [Liverpool Echo Icon]
• News
• Property
• Property

Property lawyer explains 'usual' sign to tell which garden fence is yours

It's important to know which fence belongs to you and whether you are responsible for it

[Background image for copy. Textured wooden fence posts, partially in shadow and partially in bright sunlight. Diminishing perspective. Space for copy.]

View 2 Images

Garden fences can create a dispute between neighbours(Image: Catherine Falls Commercial via Getty Images)

Many people want to maintain positive relationships with those living nearby, but this isn't always achievable. Disagreements can flare up quickly, creating friction between people who live side by side.

Whether it's a disagreement over a garden fence, overhanging trees or a newly built shed, it can be difficult to know who is in the right and who is in the wrong. Fences feature in countless gardens throughout the UK, dividing outdoor spaces between neighbouring properties.

Yet, when it comes to replacing, repairing, or simply giving them a fresh coat of paint, it's crucial to know which household they actually belong to.

A property lawyer has outlined the most reliable method for determining which fence is yours, and whether you have responsibility for it.

[female's hand with paintbrush painting wooden fence with brown paint]

View 2 Images

It can be hard to know which fence is yours(Image: drKokos via Getty Images)

Who owns 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 law firm BRM, told Platinum Spas that the standard method for establishing ownership is by identifying a particular symbol within 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 show this, so Kate added: "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 show who owns the fence

If it is still unclear, the solicitor explained that neighbours can reach a mutual agreement. She said: "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 I make my neighbour fix the fence?

A fence within your garden may belong to a neighbour, meaning the responsibility for its upkeep falls to them. However, that may be easier said than done.

Fortunately, there are methods to reach a resolution. Kate said: "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."

[Liverpool Echo Icon]

ENJOYED THIS STORY?

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