Determining who owns which side of a garden fence can be a common source of neighbour disputes, especially after storm damage. According to experts at Jacksons Fencing, there are ways to identify ownership and avoid arguments.
Check the 'good side' of the fence
The first clue is to look at which side of the fence faces your neighbour. The experts explained: “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 law requiring a neighbour to have the good side, so both sides may look the same.
Refer to legal documents
If the appearance is inconclusive, the only definitive method is to check the property's legal documents. 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 refer to the Title Plan or Land Registry. In this, the ‘T’ mark is used to indicate who the boundary belongs to and therefore who is responsible for its upkeep.”
If the ‘T’ mark appears on both sides to form an ‘H’, the fence is shared, meaning both neighbours are responsible for maintenance. This is known as a “party wall” or “party fence”. However, ordinary green fences are not covered under the Party Wall Act.
Boundary inaccuracies
Boundary documents may be outdated if the boundary has been altered or if neighbours have unknowingly used your land. If you suspect an error, check the Land Registry to confirm responsibility.
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.”
