Which fence am i responsible for

On occasion, adjacent properties will have joint ownership of a wall or fence. This will be represented by two of the aforementioned T symbols joining together to form a kind of elongated H H-mark. These are commonly referred to as party walls or fences. Almost all deeds for modern properties will have boundary ownership clearly marked, but older deeds may not.

This means the owner will usually have the back of the fence, where said posts are showing, facing them. Always check your deeds. As one would expect, in most cases, the owner is responsible for any maintenance the fence may require. Again, as expected, party walls and fences would be the joint responsibility of both neighbours. While the above will be true for most, in some instances things can get a little murky. Furthermore, sometimes even Land Registry documents can be misleading.

There have been cases in the past where one party has taken on maintenance responsibility for so long they have actually become legally responsible for the upkeep.

Such cases are rare and extremely difficult to prove, but it does happen. This is a tough one, and many homeowners are often left frustrated by the answer. As mentioned earlier, talking to your neighbour and coming to a mutual conclusion can solve most issues. If there is a dispute between you and your neighbours about who is responsible, it is necessary to settle who owns the disputed bit of land.

Whilst garden fence responsibility can be a contentious issue, the rules and laws remains largely straightforward and cover almost all possible situations, meaning you can always sort out any problems in one way or another. Lifestyle Guides Which side of the fence am I responsible for? Matthew Siggins 11 October Updated 26 May 6 minute read. Am I responsible for damage to my garden fence?

It is, after all, his fence and if he wants to let it rot away then that is his choice. Don't forget that there is no general obligation in law that requires him to fence his boundaries, so you cannot depend on the forces of law to make him change his mind. There is no point instructing a boundary demarcation and disputes expert to write a report with which you are hoping to remind your neighbour that he should repair the fence: if he doesn't want to spend money on his fence then he will not listen to your expert.

So you would be wasting your money, quite possibly as much or more money than it would cost to pay for a new fence. So what can you do? You could do nothing and just watch the fence rot away. You could leave the old fence exactly where it is and erect your own fence right alongside of your neighbour's fence.

So there are now two fences, one on your land and one on your neighbour's land. The boundary, being a line of no thickness, would then run between the two fences even if those fences are touching each other.

The height of fences is a matter of planning policy. To find out what is allowed in your area contact the local authority planning office. As a general rule, fences in rear gardens are allowed to be up to 2 metres high. Who is responsible for erecting the fence? There is no general rule about whether you own the fence on the left or the fence on the right of your property. The truth of the matter is this: it is the vendor who breaks up the land into smaller parcels before selling each parcel individually who assigns responsibility for the boundaries of the new land parcels that he creates.

If he remembers to do so, then he will identify in the conveyance deed or the transfer deed the boundaries for which the purchaser is responsible. Consider the picture above. It shows four houses, numbers 32, 34, 36, Notice that, between them, they have five flank fences shown in red.

One of these four houses, therefore, must be responsible for both its flank boundaries. This might mean that all of the houses are responsible for the boundary on their left and one of them is also responsible for the fence on its right; or it might mean that they are all responsible for the fence on their right whilst one of them is also responsible for the fence on its left; but it doesn't tell us which house is responsible for the boundaries on both sides; And who owns the rear boundaries?

Numbers 32 to 38, or the houses in the parallel street behind? My neighbour is in the process of erecting his new fence, and he has started putting it up so that the smooth side faces towards his own house.

Is he allowed to do this? There is no law that says the smooth side of the fence should face the neighbour. If your neighbour pays for a fence that he erects on his own land even if he builds the fence so that the outer face of it, as seen from his land, runs along the boundary then he is entitled to choose the style and colour of the fence, as well as whether he places the smooth side of the fence to face in towards his own house or out to face your house. Only if your neighbour gives you permission to do so.

Leaning things against your neighbour's fence, hanging things on your neighbour's fence, even using your neighbour's fence as a makeshift retaining wall, will place a much heavier burden on the fence panels and supporting posts than they were designed to bear. The consequences of such actions are easy enough to predict and you will be liable for the cost of any repairs.

On top of that you will still have to do, and pay for, the work that you did incorrectly and which resulted in the damage to your neighbour's fence. In short, anything you do to your neighbour's fence without your neighbour's permission - including staining, painting or applying preservative to your side of your neighbour's fence - amounts to criminal damage.

Unless your neighbour agrees, you cannot: paint, stain or varnish your neighbour's fence to make it a more attractive colour; affix close boards or panels to your face of the fence in order to conceal the support rails; attach trellis or some other system to support plants that you wish to grow up your side of your neighbour's fence. Contact us. Learn more. Our Brands Gate Furniture Everything from hinges, locks and gate kits.

Fencing and Accessories A range of posts, fittings, electric fencing and accessories. Tools and Fixings General and specialist fencing tools and fixings. About Us Sustainability. Birkdale Blog Press Releases Installation advice. Get an idea of ownership by looking There is no general rule about whether you own the fence on the left-hand or right-hand side of your property.

Determine ownership with title deeds For an official and accurate answer, dig out the title deeds for your house. More Resources.