Which garden fence is your responsibility?

Is it the garden fence on the left or the one on the right?

A very frequently asked question about garden fences

“Which fence am I responsible for?”

This is a question we get asked quite a lot. Sometimes it’s urgent – if there’s been damage to a fence – and sometimes it’s not – customers often ask when we’re putting in a fence.

Either way, it’s good to know. Especially if it means not getting into an argument with your neighbour. Nobody wants that.

So let’s start with a bit of myth-busting.

The fence on the left or the fence on the right?

A common belief is that you’re responsible for the fence on the left, as you look out on to your garden.

This is wrong.

It is possible that you could be responsible for the fence on the left. It’s also possible that you’re not.

This is no left-side rule. There is no garden fence law.

How to find out which fence you’re responsible for

OK, let’s say that you’re thinking about this while you’re in your garden.

The first thing you can do to help find out which fence you’re responsible for is check the fencing itself.

Simple.

Fencing normally has a “good” side and a “bad” side. The “good” side is usually the one that looks better (smooth, with no posts showing). It’s generally the case that you give your neighbour the “good side”, so if you can see the side with the posts showing (the “bad” side), there’s a good chance that the fencing is yours, and your responsibility.

But this isn’t a full-proof way of knowing.

Which is why you should do the following.

Where to get an official answer on fence ownership

The best place to find out who is responsible for which fence is the property deeds.

This might not be the easiest or quickest way if you’re not the property owner, but it’s worth making the effort, even if it means bothering your landlord or landlady (and anyway, they should be pleased you’re taking an interest).

The deeds should be with the paperwork you got when you bought the property. Once you have them in front of you, find the boundary and look for a symbol that looks like a “T”.

If the “T” is on your side, then the fence is your responsibility.

Don’t see a “T”? But there’s a stretchy “H” instead? That’s fine. The “H” is actually two “T”s put together and means that responsibility for the fence is shared between you and your neighbour.

Still not clear who owns which fencing? Do this

The deeds should provide you with a definite answer. But maybe you don’t have them or you can’t find them. In which case, don’t worry.

If you can’t put your hands on the property deeds, you can ask the solicitor that dealt with the property purchase – they will have a copy – or you can get a new copy from the Land Registry.

If you still don’t have your answer to who owns the fence, it could be good idea to get an agreement in place.

You have two options.

You can make a boundary agreement with your neighbour, which clearly states who has responsibility for what. This has to be official and recorded by the Land Registry, which means you’ll need legal help.

The other choice is to apply for a determined boundary. This is essentially getting an official record of the boundary and responsibility for fencing on the books. Again, legal help and costs are part and parcel of having this done.

Need more advice on fencing? Get in touch today