Which side of the fence is my responsibility?

Deciding who’s responsible for the maintenance and repair of a boundary fence is one of the most common causes of neighbour disputes.

It’s up there with complaints about loud music, pruning overhanging branches and blocking light with a new extension. So, who has to fork out to repair storm damage, or rotting panels or wooden posts?

You might have heard that the fence on the right of the property as you look from the front is always yours. Or is it the left? Either way, this old-fashioned method is neither reliable nor correct.

Having the fence posts on your side is a good indication that the fence might be your responsibility – fence installers typically give your neighbours the ‘good side’. That means you’ll probably have the posts facing away on the opposite side. But again, it’s far from definitive.

Reach a friendly agreement

Did your neighbour repair it the last time? If so, it might be up to them again. But in the interests of neighbourly harmony, you could take it in turns, or split the costs 50/50.

Find the definitive answer?

For this, you’ll need to check the title deeds for your house. You’ll have received a copy when you bought the house but, if they’re lost, check with your solicitor.

Look at the plans

• Ownership is indicated by a ‘T’ on one side of the boundary
• If you see an ‘H’ (it’s actually two Ts joined together) ownership is shared

If the information isn’t listed on the plans, you could check with the Land Registry (there are different office for England and Wales, Scotland and Northern Ireland) but don’t hold out too much hope. Unless full ownership has transferred to your neighbour in a legally recorded sale, there’s usually no record.

What next?

If you are still unsure who is responsible for maintaining a boundary fence, and negotiations with your neighbour have failed, your local council’s planning department may be able to help. Failing that (but only as a last resort) get legal advice.