There is no law that forces a neighbour to repair or replace a fence, even if it completely falls over, according to a property law specialist. Homeowners who are unhappy with a neighbour's fence have the option to erect their own fence on their land instead.
The advice comes as Storm Austen and Storm Boelo have brought strong winds to many parts of the UK, leaving some garden fences damaged or blown over.
Which fence am I responsible for?
Nadine Stevenson, a partner at Goughs Solicitors who has specialised in property law for over 10 years, said it is a myth that each homeowner is responsible for the fence on the left-hand side of their property as viewed from the road. There is "no general rule about whether you own the fence on the left or the fence on the right of your property."
Instead, Stevenson instructed: "The first place to look to see which boundaries you own and are responsible for maintaining is your title deeds."
Can I make my neighbour fix their fence?
In many cases, the responsibility for maintaining a fence falls on the household that owns it. However, Stevenson said: "There is no law that states the owner of the fence has to fix it. Even if the fence completely falls over, there isn't even an obligation to have a boundary fence at all."
"The only thing you can do if your neighbour is refusing to fix the fence is to erect one of your own on your land. It doesn't matter if your fence is touching theirs as long as it is within your boundary."
Do I need my neighbour's permission to replace a fence I own?
If you are the legal owner of a fence, you do not usually need your neighbour's consent to replace it. However, it is best to inform your neighbour in advance as a courtesy, especially if workmen need temporary access or plants on the boundary could be affected.
Where a garden fence is jointly owned, a formal agreement on replacement and cost sharing should be reached before work begins.
