Fencing and Your Boundary Rights

What you need to know to stay on the right side of your neighbours and of the law

Fencing and Your Boundary Rights

Find out the answers to all your questions on boundary fencing including:

  • Do I have to put a fence up?
  • How do I mark my boundary?
  • What can I do if my neighbour’s fence is falling down?
  • What fencing am I responsible for?
  • Can I use my neighbours fencing as a support for plants, etc.?
  • What are the rules on fencing height?
  • How can I work out the age of my fencing?
  • Can I paint, stain or varnish my neighbour’s fencing?

Please note that this guide is based on knowledge we have gained throughout our 20+ years of experience in this industry. Most points would need to clarified by property Deeds or by a Solicitor who should be able to provide advice based on certain situations.

Fencing and Your Boundary Rights

Your property boundary and boundary rights aren’t something you think about very often. But when you need to, it really does pay to know exactly what you can and can’t do when it comes to installing, repairing and using fencing. Whether there’s a dispute over fencing or fencing needs replacing or fixing, you’ll save money and avoid serious stress if you know what your boundary rights are. So, to help make sure you do, we’ve put together the following advice based on the questions we’re asked the most.

Do I have to put a fence up?

This might surprise you, but you don’t have to have fencing – there’s no law that says you do. You’re only legally obliged to put up fencing under certain conditions. The most common are if you live next to a railway, if you need to prevent livestock from leaving their fields and if your deeds require you to. However, there are a lot of good reasons to put fencing around your property – safety and security are the big ones. A well-installed, good-quality fence will help keep things in (children and pets) and other things out (burglars and other unwelcome guests). In addition, good-quality, properly installed fencing (and gates) can make your property more attractive and significantly add to its value.

What can I do if my neighbour’s fence is falling down?

This is a common problem.

There’s nothing like damaged or broken fencing to strain neighbourly relations. However, regardless of the state of your neighbour’s fencing, you are not allowed to do any repairs, including painting, staining, varnishing or installing new panels or trellis. What you can do is to put up your own fencing alongside your neighbour’s fence, or pop down to your local garden centre and pick up some free-standing plants or shrubs to hide the damage.

Remember, properly installing and maintaining your fence saves you money and avoids stress. Invest in and look after your fencing and you’ll spend less on repairs and you’re less likely to get into an argument with your neighbours over its condition.

FAQs

This must be the boundary-related question we get asked the most.

Firstly, there is no general rule such as the fence to the left or to the right. So, with that myth busted, the best thing to do is to dig out your deeds (ownership is decided by the original landowner, so can differ from property to property). Your deeds should tell you who owns what and who is responsible for the upkeep of what fencing.

It’s simple: you can only do this if your neighbour says you can.

If you lean something against or hang something on your neighbour’s fence without permission and the extra burden on the panels causes damage to the fencing (which is very likely to happen sooner or later), you will have to pay for the repairs.

The rules on fencing height are part of local planning policy, so for a definitive answer you should get in touch with your local authority planning office. As a rule of thumb, garden fences in your back garden are permitted to be a maximum of two metres high.

As with leaning against or hanging something on your neighbour’s fence, you should only paint, stain or varnish your neighbour’s fencing with their permission. However good your intentions, if you do it without their say, it’s criminal damage

If you had the fencing installed and kept a record of payment, then your invoice should tell you how old your fencing is.

If you don’t have an invoice, it’s worth going through old family photos. There’s a chance that you’ll be able to identify a clear change in the fencing and work out a date based on the photos.

Some customers have asked if tree dating is a good way of finding out the age of fencing. The short answer is no. It’s a good way of determining the age of the wood, but not the fence.

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