Following the impact of Storm Austen and Storm Boelo across much of the UK this weekend, many households may have discovered garden fences damaged or toppled by severe winds. For those seeking clarity on what the law says regarding fence replacement, Nadine Stevenson, a partner at Goughs Solicitors with more than a decade's expertise in property law, has offered her guidance.
Which fence falls under my responsibility?
First and foremost, it's essential to establish which fence panels belong to you. Nadine explained that the long-standing belief that homeowners are responsible for maintaining the fence on the left-hand side when viewing the property from the street is, in fact, a myth.
There is actually "no general rule about whether you own the fence on the left or the fence on the right of your property". Instead, she advised, "The first place to look to see which boundaries you own and are responsible for maintaining is your title deeds."
Can the law force my neighbour to repair their fence?
In most instances, the obligation to maintain a fence rests with the household that owns it. Regrettably, there is no legislation that compels a neighbour to repair their fence.
Nadine explained: "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."
Is my neighbour's permission required to replace a fence I own?
If you hold legal ownership, you typically don't require your neighbour's approval to carry out a replacement. That said, it's considered good practice to give your neighbour advance notice, particularly if contractors require temporary access or if boundary plants might be disturbed.
In cases where a garden fence is owned jointly, a formal arrangement regarding replacement and the division of costs should be established before any work commences.
