Which garden fence side is my responsibility?

[T & P]

The storm has felled four fence panels on one side of our garden. In the past I’ve undertaken panel replacements on both sides without bothering to ask the neighbour to pay for it or contribute, but I feel they ought to at least contribute to the cost of fixing this, certainly if they’re meant to in the first place.

I’ve often heard that in this country one garden side is deemed as your responsibility, and the other the neighbour’s. Is it always the same side? And if so which one? And is it the side looking out from the house into the garden, or the other way around?

 

[Spymaster]

âWhich Side of the Fence is Mine?

Has your fence blown down? Who is responsible for repairing a broken fence? Wondering where your fence or property boundary is? Is your fence ownership in question? Find out who has responsibility for your fence, hedge or wall with our useful guide.For further advice about DIY fence repairs...

www.avsfencing.co.uk

 

[Skim]

Probably best to consult the Land Registry about this, unless you can find something in your deeds about boundaries on the property. This is what our next-door neighbour did after the fence fell down and he gleefully informed us that he had consulted the Land Registry to confirm that we were responsible for repairing the fence, which cost us over a grand to replace

 

[cupid_stunt]

There's no general rule despite claims some people make, for my mother's place I had to look at the plan attached to the deeds.

There is no general rule about whether you own the fence on the left-hand or right-hand side of your property. So forget any ‘rules’ you’ve heard previously that state otherwise – not everyone will own the left-hand side of their fence.

The first way to help determine which side of the fence you’re responsible for is simply by looking. Now, although this isn’t guaranteed, or by any means an official way to define your boundaries, it can certainly help give you a good idea. Here’s how.

Walls and fences are most likely to have been built on the land that belongs on the boundary’s owner with the further edge of the wall making the actual boundary.

For an official and accurate answer, dig out the title deeds for your house. A copy can be found amongst your paperwork received when buying your house, or if lost, ask the solicitor who did your conveyancing. If the information isn’t listed on the plans, you’ll need to check with the Land Registry.

When looking at the plans, ownership is indicated with a “T” which will mark one side of the boundary.

If you can see a “H” (which is actually two Ts joined together) the boundary is shared by both parties.

In this case, you have a party fence, so will have to speak with your neighbour about how you want to deal with maintenance. Perhaps you decide to take it in turns, or split the costs 50/50.

Which Side Of The Fence Is Mine? Drawing The Line On Boundaries

Perhaps you’ve noticed some damage or rotting to one side of your fence, or maybe it’s suffered against strong winds and blown down overnight. Either way, you’ll want to get it sorted as soon as possible to ensure your property stays protected.But is it your responsibility to arrange and pay for...

www.birkdalesales.com

 

[Epona]

Probably best to consult the Land Registry about this, unless you can find something in your deeds about boundaries on the property. This is what our next-door neighbour did after the fence fell down and he gleefully informed us that he had consulted the Land Registry to confirm that we were responsible for repairing the fence, which cost us over a grand to replace

I'd have been inclined to just remove the thing and if the neighbours wanted a fence between they could have put a new one up on their side of the boundary and been responsible for it.
I mean if it's on your side, it's yours, right? You don't have to replace it, just make sure it's safe so as not to damage your neighbours property.

 

[planetgeli]

Left side. Always. Doesn't matter which way you face.

I am a lawyer.

 

[cupid_stunt]

Left side. Always. Doesn't matter which way you face.

I am a lawyer.

This is total bollocks, but well done.

 

[bellaozzydog]

Land registry or paperwork/plans

And next time put concrete posts in

 

[T & P]

Our garden has had individual fence panels replaced randomly over the decades by both us and our neighbours on both sides, so the ‘good side/ bad side’ of a fence wouldn’t be an indicator. Land Registry it is…

 

[bellaozzydog]

Left side. Always. Doesn't matter which way you face.

I am a lawyer.

I like your commitment

 

[cupid_stunt]

Land registry or paperwork/plans

And next time put concrete posts in

That helps, but sometimes high winds just blow the panels to bits, leaving the posts in place.

 

[spudulike]

he had consulted the Land Registry to confirm that we were responsible for repairing the fence, which cost us over a grand to replace

Is that correct? If it is your boundary to maintain I would have thought you can do that with a piece of wire between two posts unless the deeds specify something. When we moved into a new build in '78 the rear gardens were separated by wire between posts and when we moved to a 60's build in '81 I found the original boundary wire and posts buried in a privet hedge.

If your neighbour wanted more, they could either share the cost or put up their own fence totally within their boundary (which you couldn't touch without their permission).

 

[StoneRoad]

Check the deeds, and with the Land Registry.

But see if the neighbours will help ...

 

[Epona]

Is that correct? If it is your boundary to maintain I would have thought you can do that with a piece of wire between two posts unless the deeds specify something. When we moved into a new build in '78 the rear gardens were separated by wire between posts and when we moved to a 60's build in '81 I found the original boundary wire and posts buried in a privet hedge.

If your neighbour wanted more, they could either share the cost or put up their own fence totally within their boundary (which you couldn't touch without their permission).

As you say, there isn't any legal requirement to have any physical boundary between pieces of land, it is something people like to have as a visible edge to their property, it isn't something that has to exist at all.

If you have animals there may be an obligation to prevent them roaming to prevent destruction of neighbours property or straying, in which case you would put a fence on your side of the boundary and maintain it.

 

[cupid_stunt]

The law doesn't require you to put up a fence between you & a neighbour, as Epona says.

 

[T & P]

I am actually not sure we hold any physical piece of paper concerning the house- let alone the deeds. We’re still paying the mortgage and I have always assumed the bank must have the deeds. I sure as fuck don’t know where they are, never seen them.

 

[cupid_stunt]

I am actually not sure we hold any physical piece of paper concerning the house- let alone the deeds. We’re still paying the mortgage and I have always assumed the bank must have the deeds. I sure as fuck don’t know where they are, never seen them.

You should have a copy, if you don't, your mortgage company should be able to provide you with a copy.

 

[Epona]

I am actually not sure we hold any physical piece of paper concerning the house- let alone the deeds. We’re still paying the mortgage and I have always assumed the bank must have the deeds. I sure as fuck don’t know where they are, never seen them.

The mortgage company will hold the deeds until you pay off the mortgage (and then they will likely charge you an admin fee to release them to you, cheeky fuckers) but check with the land registry.

But even if it is yours, you aren't legally obliged to repair or replace it at great cost, you should make it safe but you could technically take up the entire fence and sell it as scrap wood if you like

 

[platinumsage]

The Land Registry will have had the deeds these days. Just get a copy of the title and plan from their website.

 

[Raheem]

The law doesn't require you to put up a fence between you & a neighbour, as Epona says.

Think that's generally true, but it can if it's stipulated in your deeds.

 

[Indeliblelink]

Surely if you put the fence an inch or two inside your property they can't do anything. maybe put a few bricks down to denote were the property border line is.
My neighbours have a shed I'd like to block out as the fence has now collapsed but as they can't get to it or see it I don't think they care. I might just put one there anyway.

 

[Skim]

I'd have been inclined to just remove the thing and if the neighbours wanted a fence between they could have put a new one up on their side of the boundary and been responsible for it.
I mean if it's on your side, it's yours, right? You don't have to replace it, just make sure it's safe so as not to damage your neighbours property.

There was no question of not having a fence, otherwise I would have had to share my garden with next door’s two inquisitive toddlers and a hyperactive cockapoo

 

[Epona]

There was no question of not having a fence, otherwise I would have had to share my garden next door’s two inquisitive toddlers and a hyperactive cockapoo

Ah now see given the "glee" with which they apparently told you it was your responsibility, I'd have removed the fence, then complained about their dog straying - if they have a dog it is their responsibility to keep it in not yours to keep it out, and they'd have had to put up a fence on their side of the boundary.
They sound like right cheeky fuckers!!!

Mind you, you have to live next door to them and if a grand to fix the fence would have prevented a long drawn-out war with them, that might have been worth the cost

 

[platinumsage]

Think that's generally true, but it can if it's stipulated in your deeds.

Most fencing clauses in deeds aren’t enforceable.

 

[RainbowTown]

I am actually not sure we hold any physical piece of paper concerning the house- let alone the deeds. We’re still paying the mortgage and I have always assumed the bank must have the deeds. I sure as fuck don’t know where they are, never seen them.

HM Land Registry

We register the ownership of land and property in England and Wales. HM Land Registry is a non-ministerial department.

www.gov.uk

 

[bellaozzydog]

That helps, but sometimes high winds just blow the panels to bits, leaving the posts in place.

Get the posts nice and close and slide the panels in nice and tight

Plus use concrete gravel boards to stop the fences bottoms rotting

 

[Skim]

Ah now see given the "glee" with which they apparently told you it was your responsibility, I'd have removed the fence, then complained about their dog straying - if they have a dog it is their responsibility to keep it in not yours to keep it out, and they'd have had to put up a fence on their side of the boundary.
They sound like right cheeky fuckers!!!

Mind you, you have to live next door to them and if a grand to fix the fence would have prevented a long drawn-out war with them, that might have been worth the cost

I really didn’t want a long drawn-out war and at the time could cover the cost (and have a very sturdy fence with concrete posts now). I also wanted privacy in the back garden!

Now they’ve moved on and we have lovely new neighbours… whose fence completely collapsed in Storm Eunice I will leave them and their other neighbour to sort that one out by themselves…

 

[cupid_stunt]

When it comes to borders, perhaps you should consult Putin?

 

[T & P]

Get the posts nice and close and slide the panels in nice and tight

Plus use concrete gravel boards to stop the fences bottoms rotting

Over the twenty plus years we’ve been here, sometimes it’s both the fence and the post that fail after a big storm, sometimes it’s just the fence with the post still standing and reusable.

We in fact had a couple of concrete posts that just crumbled away. FFIW they were already in place when we moved in so they were several decades old.

 

[Epona]

FWIW I grew up in council houses (fairly rural mostly) and councils do not spend money putting fences between properties, usually if there was anything it was a bit of wire strung between wooden posts or chicken wire, if people wanted something a bit more fancy and private they were allowed to put up panelled fencing or plant Leylandii or whatever took their fancy, as long as it wasn't structural work and didn't cause a nuisance to their neighbours. Each tenant was responsible for whatever they had put up and could remove it at will.

The houses both sides of my parents place have been sold off under right to buy long ago now (although it was all council when we moved in) and there is currently no solid fence between my parents council place and the private owner neighbours on one side - they are all ok with the situation, they get along quite well and swap produce from each others gardens - but if the neighbours wanted a fence up, they'd have to put one up themselves on their own side because my dad doesn't own his house, doens't want to invest or put effort into a fence on land he doesn't own at this late stage of his life, and there's no way the council is going to (or should) pay to put up a fence for the sake of a privately owned property next door.