Boundary wall rules: Which fence is mine?

Which fence or garden wall is your responsibility and who needs to maintain them? If you’re asking which fence is mine, we take a look.

Angela Kerr Director, Editor

Boundaries between gardens are sometimes a real bone of contention between neighbours leading to serious disputes. Knowing which boundary wall or fence is yours and knowing what you are responsible for, can avert a lot of hassle and even legal wrangles.

Fence and boundary wall responsibility in the UK

To find out which fence or boundary wall is your responsibility in the UK, start by looking at the deeds to your property. On modern properties, there should be a plan drawn to scale which shows the boundaries. The plan registered at HM Land Registry should be a scale plan, as well as, the original purchase deed. If you can’t find your plan in the paperwork you received when you bought the property, you can obtain a copy of your title deeds from the Land Registry.

How can I establish boundary wall ownership?

Once the plan is received, you can see if there are “T”s on any of the boundaries.  A “T” shown on the inside of the boundary line indicates the ownership and responsibility to maintain – be it a wall or a fence.  If the “T” is matched by another “T” on the boundary so it looks like an “H”, this shows the boundary to be a party wall/ fence. This means joint responsibility for the maintenance of the wall/fence. Find out more in our guide Party wall agreements explained.

Which fence is mine if the deeds doesn’t indicate ownership?

However, if the deeds and plan do not give an indication of ownership, you are then reliant on “presumptions”.  For example, with a wall, the boundary is likely to be on the far side of the garden wall. It is presumed that the person who erected the wall would build it entirely on his/her own land.

That said, a wall can appear to be exactly the same on both sides with no clear indication of it being on a particular property. This will likely mean it is a joint boundary wall with joint responsibility.

Which fence am I responsible for – UK rules?

Contrary to common belief, there isn’t a designated side of the fence to each property in the UK. And you may assume the fence posts will be on the owner’s side but this isn’t always the case. It’s important to check the property deeds for accurate information to establish ‘which fence is mine?’ You can also ask for advice from a party wall surveyor.

You will want to avoid a legal dispute as costs can run high and you don’t want to fall out with a neighbour. Do not underestimate the stress involved if you end up in a nasty dispute on your doorstep.

Who is responsible if a boundary wall collapses?

Unless the deeds specify for the garden boundary wall to be maintained, there is no legal requirement for the owner to maintain the wall. However, the owner could be liable if the fence or wall causes damage or injury because it has been neglected.

Are fences covered by home insurance?

Most standard home insurance policies will include a certain level of protection for structures outside your home such as fences. However, wear and tear due to poor maintenance won’t be covered. There may be some coverage for storm damage which you can read more about here. Be sure to check your policy for details and any exclusions.

What can I do if my neighbour won’t repair their fence?

If your neighbour won’t repair their fence there isn’t really anything you can do. However, you could choose to erect your own fence inside your own boundary.