Determining who is responsible for a garden fence can be challenging, but according to experts at Jacksons Fencing, there are several ways to establish which side each party owns.
Identify the 'good side' of the fence
The first step is to identify who owns the 'good side'. While this doesn't always confirm responsibility, it can offer a useful indication. 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.'
However, there is no legislation requiring that your neighbour receive the good side, so it's possible that both sides appear identical.
Consult the legal deeds
In such circumstances, it is advisable to consult the legal deeds to establish property boundaries and confirm 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. 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 to create an 'H' shape, the fence is jointly owned, according to the fencing specialists. This indicates that both neighbouring homeowners share responsibility for maintaining the fence, commonly 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, ordinary green fences are unconnected to this legislation.
What if the boundary is inaccurate?
In certain circumstances, the boundary recorded in the deeds may be out of date and therefore inaccurate. This frequently occurs when the boundary has been modified since the documents were originally drawn up, or if neighbours have unknowingly encroached on your land. Should you believe the boundary is incorrect, it is advisable to consult the Land Registry to establish who holds responsibility for the fence.
Can you force a neighbour to repair a 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.'
