Disputes between neighbours over garden boundaries are common, but a property lawyer has explained how to determine which fence is yours. The key lies in examining your title deeds for a specific 'T' mark.
Checking Your Title Deeds
There is a common myth that homeowners are responsible for the fence on the left-hand side of their property. However, Goughs Solicitors stated: "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 step, according to the solicitors, is to look at your title deeds. Kate Fowler, senior associate solicitor at law firm BRM, told Platinum Spas that plans attached to title deeds sometimes include a 'T' mark. She said: "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."
When Deeds Are Unclear
If the deeds do not show a 'T' mark, there is no legal presumption of ownership. 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."
This evidence could include information from the purchase of the property, knowledge of who erected the boundary feature, or any long-standing agreement between neighbours.
Shared Boundaries and Legal Action
If ownership remains unclear, neighbours may decide the fence is a shared boundary. Kate explained: "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."
If a neighbour is responsible for a fence but refuses to repair it, a solicitor can help. 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."
