"Is it the left fence or the right fence?" is one of the most common boundary questions. It is also one of the most misunderstood, although the answer is simple once you know where to look.
The myth of left vs right
HM Land Registry says there is no rule that the fence, wall or hedge on the left or right of a property belongs to that owner. It adds that the side the posts and rails sit on is not a reliable guide either. Therefore, ownership depends on your deeds.
How to find out which fence is yours
Work through these steps in order, because each one adds a clue. Stop as soon as the deeds give a clear answer.
- Check your title deeds and deed plan. A T mark on a deed plan normally shows who owns a boundary structure, and it can also show who must maintain it. Two T marks meeting back to back, called an H mark, may mean both neighbours share responsibility.
- Get your title register and title plan from HM Land Registry. The title plan shows general boundaries, and most plans do not show exact ones. GOV.UK says there is usually no record of who owns a fence, so the deeds matter most.
- Read the deeds for covenants. A covenant to maintain a boundary can show who must look after it. However, it does not always mean that person owns the fence.
Some people face the smooth side towards the neighbour, but there is no rule, and it does not show who owns the fence. Higgs LLP, a law firm, says the side a fence faces is not a way to decide who owns it. Therefore, do not rely on which side the rails face.
What the Land Registry can and cannot tell you
HM Land Registry says the red edging on a title plan often follows walls, hedges and fences. However, you cannot assume the legal boundary follows them. Many deeds also say nothing about who must maintain a boundary.
If your deed says "copy filed", you can ask for a copy using form OC2. That copy may hold the deed plan and any T marks. Meanwhile, the Land Registry cannot give legal advice, so ask a solicitor if the wording is unclear.
Who is responsible for repairs?
If a T mark sits on your side, HM Land Registry says you generally own and must maintain that fence. Where the deeds are silent, the Home Owners Alliance says there is no legal duty to maintain a boundary. You cannot force a neglectful neighbour to repair theirs. However, an owner can still be liable for damage that neglect causes.
Higgs LLP says both neighbours are responsible for a shared boundary, which an H mark often shows. Agree any cost sharing before work starts, because this is where disputes often begin.
Before you replace a fence
Check who owns it first, because you cannot alter a fence your neighbour owns without their permission. The Home Owners Alliance says this includes staining or painting your side. If the fence is theirs and they will not act, you can build your own fence inside your boundary, as long as you do not damage theirs.
If you are not sure
When deeds are unclear, neighbours often agree who looks after which boundary. Put any agreement in writing, since a clear record avoids future disputes. GOV.UK also explains how to make a formal boundary agreement with your neighbour.
HM Land Registry cannot give legal advice. Therefore, if talking fails, ask a solicitor to read the deed wording.
Start with a polite chat, because many disputes end once both sides see the deed plan. However, if the matter drags on, GOV.UK also explains how to apply to record the exact boundary.