With the strong gusts brought by Storm Eunice and Storm Franklin that many UK residents have experienced over the last few days, inevitable damage has occurred to many homes, and garden fences have been particularly effected.
But the question remains, who is responsible for fixing or replacing garden fences?
It is a myth that the right side of your boundary belongs to you and the left side belongs to your neighbour, or vice versa, as the ownership of each boundary fence depends upon its own facts.
The starting point to establishing ownership and responsibility for maintenance is by looking at the deeds to your property. Usually, these will indicate the extent of the land that is your property, and this will be shown via a plan. It is very likely that these documents and, in particular, the plan will be registered at HM Land Registry. If you need to obtain a copy you can request this from the Land Registry at the link below, for a cost of £3.
(Click here to get your plan from the Land Registry)
The plan might show a “T” mark or “H” mark on the boundary lines. See the image below for a hypothetical plan reference with a “T” or “H” mark.
A “T” mark denotes ownership and responsibility of repair and maintenance of fence and if you have a T mark inside your land this means that you will be responsible for repairing and maintaining the fence. The diagram above shows that Party A owns the fence and is therefore responsible for it because the T is in Party A’s land.
However, if there are 2 T marks, one of each side of the land, which collectively, indicates a “H” mark then that indicates that each owner has joint responsibility for maintenance and repair. The respective landowners should therefore make equal contributions to the upkeep and maintenance of that fence.
There is an ‘unwritten rule’ that the back of the fence, where the posts are visible, should face the owner’s side of the property. However, some owners may wish for the smooth side of the fence to face their property. There is no law in relation to the orientation of fences but the position of the posts can indicate ownership.
If there is still disagreement between you and your neighbour regarding the boundary and the fence, mediation can be helpful, and the mediator’s fee often proves to be less than a protracted exchange of correspondence. You can instruct solicitors to correspond with your neighbour to try and reach a solution but, this can sometimes antagonise the situation. Instructing a solicitor to send a letter on your behalf might be most appropriate if negotiation and mediation have not resulted in a settlement.
It may be helpful to also check your home insurance policy and you may find some shelter from the costs of repairing a fence within your policy. However, if it is not clear who is responsible it is always the best solution to seek a mutual compromise with your neighbour regarding the maintenance of the fence.
If you would like our Property Litigation Team to review your title deeds and advise you of your position, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.