Fence Disputes

Ownership of fences - who owns the fence

The starting point for any fence dispute is usually "who owns the fence." You would think there is a simple answer to this question, and there is certainly a common misconception that the fence on the left (or right depending who you ask) of your property is your responsibility. In reality, this is not the case.

It can be difficult to establish which neighbour owns which fence; a good place to start is the title deeds for the property. However, despite a common misconception, the T mark on the deeds does not always indicate the boundary line or the owner of each fence - although, in some situations, it may. There may be an inconsistency between who has the responsibility for the fence legally, and who has actually erected or replaced the fence.

The only certain way to determine a boundary line is by looking at pre-registration deeds, conveyance history, title deeds, gathering evidence about what happened and who set the boundary from day one and the assistance of a chartered surveyor.

Boundary barrier requirements

While most residential properties have clear boundary markers in the form of fences, walls, and hedges, you may be surprised to learn that there is no legal requirement to have a barrier. Therefore, you cannot force your neighbour to erect a fence if they do not want one.

There are a few exceptions to this rule, such as if you live next to a railway, have dangerous chemicals on your property, to prevent livestock straying or if your deeds state that you need to.

It's important to note that there are rules over the height of fences. If you or your neighbour choose to put up a fence or replace one, it cannot be over two metres high without planning permission. Disputes are common about people erecting fences that are too high (often because they want more privacy) and the effect they have on a neighbour's light.

Responsibility for fence repairs

Fence repair is often a common cause of friction between neighbours. The first thing to resolve in this situation is who owns the fence and is, therefore, responsible for any repairs.

As long as the fence is safe, the owner can use it as they want without any consent from their neighbour. However, the neighbour has no rights to the boundary and no right to use the fence without permission. This includes painting "their side" of the fence or, using the fence to grow plants, or hanging planters or other garden decorations.

Neighbours also have no legal right to insist a fence be repaired unless it is likely to damage their property or cause injury. Despite what many people think, they have no "right to a view," so an unsightly fence is not a valid reason for repair. Again, this rule has some exceptions if the damaged fence is dangerous or a nuisance.

Resolving a fence dispute

As with any dispute with neighbours, it is best to remain amicable and have a friendly conversation to see if any issues can be resolved or if you can find a compromise. For example, some neighbours share the costs of fence repairs.

However, if you cannot find a solution that works for you both, it's best to seek legal advice to determine your rights and next steps. Some disputes are resolved quickly using alternative dispute resolution and possibly mediation, which is always our recommended first step. However, some need expert advice from boundary surveyors and other professionals.

Boundary and fence agreements

One way to avoid fence or boundary disputes is to create a boundary agreement with your neighbour. Boundary agreements record the boundary between your and your neighbour's property and who is responsible for maintaining and repairing any fences, walls, or hedging. These agreements can also be registered at the Land Registry.

Time limits for fence disputes

There are no time limits for making a complaint about a fence. However, if you cannot reach an agreement with your neighbour and do need to take legal action, it may go against you if you have delayed and not taken swift action.