If you're planning some boundary maintenance, the first question to ask yourself is which side of the fence is mine? The simple answer is: there is no simple answer. The question of boundary ownership varies very much from property to property.
There are ways of checking however and we'd urge you to do so before making any repairs or changes to a boundary. This is essential for avoiding neighbourly disputes, upsetting planning restrictions, and of course, paying for repairs, which someone else should be footing the bill for.
Our resident planning expert Simon Rix outlines the fence rules around ownership, including how to discover which side of the fence is yours even when there are no records to be found.
Check your property deeds
Until you need to make repairs or upgrades to your garden fence, you probably won't have questioned which side of the fence is mine? Fence repair costs can be an investment so if you can split this cost with a neighbour this can reduce the burden greatly.
If you are lucky, your property deeds should be able to reveal which boundaries you are responsible for – so handy when looking into planning permission for fences.
Take a look at your deeds. They should show a scale plan of your home and any surrounding properties. If the boundary lines are highlighted with a T-shaped symbol you are in luck. The tip of the 'T' (the single line at the bottom) should be pointing at the boundary lines if it is your boundary or fence. The rest of the 'T' will also be within your property boundary.
Meanwhile, if there are two 'T's pointing at each other either side of the boundary line to form an 'H', this will signal a party wall relationship, whereby there is shared ownership. Often, you might find two fences butting up against one another with this setup, but not always.
In many cases, deeds will also help to establish who is responsible for the fence at the end of your garden.
(Image credit: Future)
Look at the HM Land Registry
In many cases your property deeds will be able to help establish who is responsible for a boundary fence. If you didn't get a copy of this when you bought the house, don't worry as you can request documents online via the HM Land Registry website.
On this site you will also be able to find out if the property or land in question is registered (it usually will be) and download a copy of the title register and title plan which should display the boundaries of your property. That said, even if the boundaries are shown on the plan, it is not always stated who owns them.
If the deeds do not state who the fence belongs to, there are some other useful factors that can point to ownership, although some may depend on the fence types you are dealing with.
(Image credit: Jeremy Phillips)
Other things to look for
These act as basic indicators but it's best to get a concrete answer from your property deeds.
The way the rails are facing: "Typically, the rails on a fence are installed facing into the property giving the neighbour the 'good' side of the fence," say the experts at Jacksons Fencing. "By doing this, it adds a layer of security as there are no rails on the outside of the property for someone to use to climb the fence. This is usually repeated with the neighbour on the other side to ensure that each home has a 'good' and a 'bad' side of the fence.
Position of the fence posts: Upright fence posts supporting the fence will usually be on the side of the owner of the fence. However, this will not always be the case. "Our posts are predominantly slotted so the posts don't sit on one side, they are in line with the panels," point out Jackson's Fencing.
The strut: The side on which fence struts sit will usually face into the owner's garden.
The face of panels: Where wooden panels are placed between posts, it is usual for the external face of these posts to be positioned on the owner's land at the boundary.
(Image credit: Envirobuild)
Understanding your boundary
“The basic position is, a garden boundary – be it a fence or hedge or a wall – is shared jointly between both sides, unless the deeds say otherwise," says Simon Rix planning consultant at Planix.UK.
"If the deeds are silent, then it’s shared, which means both neighbours are jointly responsible for the upkeep and repair of the boundary.
"If the deeds say something specific, then that’s the situation, i.e owned jointly, by one side or the other. The exact location of a boundary is not necessarily indicated by deeds or by the land registry plans," continues Simon.
"Usually, these make it clear, but there’s only so much you can tell from small maps. The exact position on the ground will be reflected by the reality of the structures there (boundary features) and/or long-standing usage.
That said, some people do try to move fences when they shouldn’t, so there is a mediation process if any boundary disputes can’t be resolved amicably. It should be noted that red line or even blue line boundaries in planning application plans are not determinative of what the boundary actually is, as mistakes can be made by applicants, and few detailed checks on exact measurements are made by councils.”
Simon Rix
Simon Rix is a professional planning consultant who began his career working in local government in the 1990s. He was a council officer and later an elected councillor, so he knows how the planning system works from both sides.
FAQs
What is a boundary agreement?
In most cases, it will be possible to simply speak to your neighbours and have a discussion about who owns what or who is responsible for the upkeep of boundaries. Often, neighbours agree on joint responsibility for shared boundaries.
However, in cases where this, for whatever reason, can't happen, it is possible to create a 'boundary agreement' with your neighbour. This can set out where boundaries are between two properties as well as recording who is responsible for their maintenance. Once you have both agreed on it, you will need to record the agreement by filling in an application to change the register for the property, including a copy of the agreement along with a fee of £40.
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Natasha was Homebuilding & Renovating’s Associate Content Editor and was a member of the Homebuilding team for over two decades. In her role on Homebuilding & Renovating she imparted her knowledge on a wide range of renovation topics, from window condensation to renovating bathrooms, to removing walls and adding an extension. She continues to write for Homebuilding on these topics, and more. An experienced journalist and renovation expert, she also writes for a number of other homes titles, including Homes & Gardens and Ideal Homes. Over the years Natasha has renovated and carried out a side extension to a Victorian terrace. She is currently living in the rural Edwardian cottage she renovated and extended on a largely DIY basis, living on site for the duration of the project.
