Contrary to common belief, there is not a designated side of the fence to each property. The most common way to find out who owns what side, is to refer to the Title Plan or Land Registry. In this, the T mark is used to indicate who the boundary belongs to and therefore who is responsible for its upkeep.
There is no general rule about whether you own the fence on the left or the fence on the right of your property. The first place to look to see which boundaries you own and are responsible for maintaining is your title deeds.
There's a common belief that the fence to the left, as you look at your garden, is your responsibility. However, this won't always be the case. The fences themselves may also give you a clue. If the 'good side' faces into your garden, it's usually yours.
How do you tell if a fence is yours or neighbors UK?
If you're unsure, the easiest way to determine ownership of a fence is to take a look at the title plans of your home. These documents may show boundary ownership, especially if the property is fairly modern.
'Which Fence is Mine?' Phil Answers Your Questions
How do you tell if a fence is yours or neighbors?
The most common way to find out who owns what side, is to refer to the Title Plan or Land Registry. In this, the T mark is used to indicate who the boundary belongs to and therefore who is responsible for its upkeep.
How do I know which fence is my responsibility UK?
The best place to look when trying to answer the age-old question, 'Which fence is mine? ', is with your deeds. Your property deeds will include a scale plan which highlights the boundary lines by way of a symbol resembling a 'T' (sometimes referred to as a 'T-mark').
If you are unsure who owns a boundary fence you can look at any copies of title deeds you have in your possession, or ask the Land Registry for Office Copies and a Title Plan. This plan will show the boundaries to your land as officially registered at the Land Registry.
The rule stipulates that if a boundary, such as a garden fencing, has been in a particular position for a continuous 7-year period and has not been contested during that time, it is generally considered the legal boundary of the properties involved.
The transfer or conveyance deed might state who owns it, but if it's not in writing, then look out for any T-mark to the boundaries. The stalk of the 'T' will sit on the boundary and come out into your garden or property, which means that fence is your responsibility.
Can I take my fence down without Neighbours permission?
In most cases, you can replace your fence panels without your neighbour's permission if the fence is located on your property. However, if the boundary fence is shared or lies exactly along the property line, then it is better to consult with your neighbour about any plans to replace or modify it.
Most garden fence damage happens inadvertently as a result of bad weather or unpreventable deterioration, so it usually isn't anyone's fault. However, if damage has been caused as a result of your neighbour's actions then they are entitled to pay for the damage to be fixed.
Are there any legal rules and regulations I need to consider? In the UK, the norm is that fencing in your back garden should be a maximum height of 2 metres (about 6.5 feet) and the front garden of your property should be 1 metre (3.2 feet).
As a general rule, if the fence in your front garden is next to the road or footpath, it can only be one metre (3.2 feet) in height. Fencing in your back garden that separates your garden from your neighbour's can be a maximum of two metres (6.5 feet) in height – this includes any trellis topper.
You can often guess who owns a fence by looking at where the frames are – the builders or property owners should have put the fence up facing away from their own property so their neighbour gets the 'good' side. This should be repeated with the neighbour on the other side so each home has one 'bad' and one 'good' side.
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.
Who can paint or otherwise alter a fence once it's up? Only the owner of the fence may make any changes to it, even where the other side of the fence is on neighbouring property. This means that if you erect a fence in your garden, your neighbour must ask for permission before painting or staining their side of it.
Who has responsibility for fencing between two properties?
Unsurprisingly, in most instances, the owner is responsible for maintaining their properties' fence or wall. Thus, for party walls or fences, the maintenance of the fence is a joint responsibility. However, although the above is true in most cases, there are instances where things become less clear.
It's worth mentioning that there is no legal requirement for homeowners to build or maintain fences around their properties unless stipulated within the deeds. Thus, if your neighbour insists on erecting a boundary fence, they would generally be responsible for covering the costs.
Do I have to give my Neighbour the good side of the fence UK?
Conclusion. To summarise, there is no legal obligation for you to provide the good side of the fence to your neighbour in the UK unless specified in your property deeds or by your local council.
When a fence is damaged who is responsible for repairs UK?
When looking at the title plan to the property, if it has a 'T' mark on your side of the boundary, you will be responsible for its maintenance. If the case is that two 'T' marks are connected, forming an 'H' mark, there will be a joint maintenance responsibility between you and the neighbour.
What is the right of way access to the back garden?
The right of access to the back garden might exist in situations where multiple properties share a common pathway or alleyway leading to their respective gardens. In such cases, each homeowner could have a legal right to use this shared access route to reach and maintain their individual back gardens.
Can I put a fence up without my Neighbours permission UK?
Can you put up your own fence to hide or disguise it, without their permission? Generally, yes, you can, but you must make sure that your own fence is inside the boundary of your own property, and it mustn't exceed the maximum two-metre height limit without planning permission.
