Which side of the fence is mine?

It sounds fairly amusing, and in an ideal world it shouldn't really matter. But it's worth knowing which side of the fence is yours. It'll provide you and your neighbours with clarity over who's responsible for upkeep.

Unfortunately disputes can happen - but we'll explain how to work out the ownership of a fence, and dispel old myths.

Which fence is mine?

So, the title deed/plan of your property is the first place to look, it's usually sent to you when you buy your home. These documents typically provide you with an overview of your boundaries and what you're responsible for. Look out for any 'T' shaped marks, these signify who is responsible for that particular fence. 

If the marks appears solely on your side of the boundary, then you alone are responsible for it. If the mark is present on both sides, then both you and your neighbour have joint ownership of the fence.

If you can't find your title deed, you can get a copy from the land registry online. You can ask if a neighbour has their copy to show you boundaries and ownership, but a title deed isn't guaranteed to outline ownership of fences.

The conveyancer who completed your property searches during the purchase might be able to help, the seller's property information form is also worth checking. 

Can I work out ownership of a fence by looking at it? (Left or right?)

There's an old theory that you're always responsible for the left hand side of your property, but in realty this is a common misconception. That doesn't necessarily mean you can't gain anything from examining your fences. Look out for posts on the fence, if they stand on your side of the boundary, it might be your responsibility.

That can only offer you some indication, to really ascertain ownership you'll need an official document to prove as much.

Am I responsible for maintaining my garden fence?

This largely depends on who is responsible for the fence itself. Whether ownership belongs to you, your neighbour, or both, it's important you keep good maintenance.

If a fence belongs to you, and it falls into disrepair becoming dangerous, your neighbour could take action against you. In the same breath, if your neighbour damages your fence - they should pay to fix the damage. In the case of joint ownership, you'll both need to share the cost of any repairs.

Fences succumb to wear and tear or bad weather conditions, it simply happens over time - you just need to be aware of what you're responsible for.

Who will have to pay for a damaged fence?

Keeping regular maintenance of your fence is a good way of avoiding having to fork out to replace it - avoiding a substantial bill. But that doesn't prevent the unexpected from happening, especially if it's blowing a gale outside, for example.

If a storm were to damage your fence, you could decide to claim through your buildings insurance - if you have a policy. Before you do this though, it's worth looking at how much it would cost to fix the fence. You might find that this is cheaper than claiming, because your home insurance costs are likely to increase after a claim. Plus you'll have to pay an excess on the claim too.

There are instances where an insurance policy can protect you if you damage a neighbour's fence, or vice versa. If a neighbour does damage your fence, politely ask if they can reimburse you for the cost of repairs or a replacement. If they're not willing to do so, you might have to consider making a claim.

Does my home insurance cover fence damage and repairs?

An annual home insurance policy typically covers what's inside your property line, including fences. But that doesn't mean every cause of damage is covered - typically your policy should lay out what you can and can't claim for.

Fences are prone to deteriorate over time due to wear and tear, a lack of proper maintenance could compound the issue. For this reason, insurers are likely to reject your claim - if you proceed with one.

Most policies cover unforeseen events such as a tree falling and damaging your fence, for example. Storms are a common cause of damage and the extent over cover for your fence can vary between providers. If you think your home is at risk of storm damage, it’s important to check the terms and conditions on your policy.

Is my neighbour obliged to fix their fence?

Even if a neighbour's fence has fallen apart or rotting, they're not legally obliged to repair or replace it - unless it presents a safety risk. If a neighbour's damaged fence falls on your land, they must remove it - but they still don't have to erect a new fence.

Legalities aside, if a neighbour's fence is causing distress, you should speak to the neighbour calmly about the matter.

What if we still can't work out who the fence belongs to?

The first place to check would be the title deed, this could outline the ownership of fences - but doesn't always do so. You should also speak to the conveyancing solicitor that conducted searches as part of the purchase of the property.

If this doesn't provide you with a clear indication, you should search through any land registry documents online. If you still can't determine boundaries, you could access the RICS Boundary Disputes help scheme for further advice.

How do I resolve unclear boundary lines?

It could be that the boundaries between you and a neighbour are not defined. In this instance, you could send an application to land registry to work out the boundaries between you and a neighbour.

To do this, you’ll need to send a plan showing the determined boundary (a chartered land surveyor can draft this for you), along with evidence to support your application.

The evidence you provide must justify the surveyor’s boundary. This includes:

• A certified copy of the deeds to your property from before the property was registered
• An expert report
• A written statement signed in front of a solicitor, a magistrate or a commissioner of oaths

The application itself costs £90, but you’ll also need to pay for a solicitor and surveyor. If your neighbour agrees with the proposed application, they must also sign the form and plan.

In the event of a successful application, HM Land Registry (HMLR) will send you a copy of your updated title plan and register. Your neighbour will also receive a copy of their updated title plan and register. If your neighbour objects to the proposal, HMLR will determine whether the objection is valid. If it is, you'll have the chance to come to an agreement - and if you can't, your application will go to a tribunal.

What if my home is rented?

If you're a tenant, the responsibility of the fence would sit with your landlord. They'll need to ensure that the fence is fit for purpose and pay for repairs or replacement if necessary.

However, if you damage the fence by breaking a panel, for example, you'll be expected to foot the bill for repairs.

How high can a fence be?

So, as a rule of thumb, fences in your back garden should be no higher than 2 metres high. However, the maximum height of a fence facing a footpath or a road is limited to 1 metre high. If you're looking to exceed these limits, you'll need planning permission.

Each local council has its own rules and regulations, so to ensure you're compliant, you'll need to speak to the planning department. It's also worth speaking to your neighbours to explain any plans you have - it's important to maintain a good relationship with those living next door to you!

Will my home insurance cover my fence for subsidence?

Fences aren't typically covered under a standard home insurance policy if damage is caused by subsidence.

Insurers will ask when you buy a policy if your property is affected by subsidence. This is where the ground beneath your house begins to sink. Different parts of your home could sink as a result leading to misaligned walls, large cracks, and damage to the building.

Subsidence can affect what you pay for a home insurance, you may even need to consider a specialist policy. It's worth considering appropriate cover, the average cost of a buildings insurance subsidence claim is £10,080*.

What is the 7 year boundary rule?

So, the 7 year boundary rule relates to ownership of land. Essentially, if you've actively used a piece of land unchallenged for at least 7 years, you could become the legal owner of it.

There are exceptions of course, you can't just begin using and claiming land as you please! The process can be complicated if the land is registered with the land registry. Also, you can't apply the ruling to public land.

As far as fences are concerned, it could be that a fence has been erected in the wrong position. If this happens, and an area of your neighbours' land lies in your boundary - you could use the ruling. It's important to note the 7 year boundary rule is fairly contentious, requires evidence and is a lengthy process.

*Based on Confused.com data, May - July 2024.