Which fence do I own in my back garden UK?
There is no general rule about whether you own the fence on the left or the fence on the right of your property.
How do you know which fence is yours?
0:402:58How Can You Tell if a Fence is Yours - YouTubeYouTubeStart of suggested clipEnd of suggested clipIf it's on your side of the property line then it's yours. If not it's on theirs if your home hasMoreIf it's on your side of the property line then it's yours. If not it's on theirs if your home has been around for a while you may also be able to call your city or your appraiser office to get this.
How do you tell if a fence is yours or neighbors?
A T mark on one side of the boundary indicates that the person on that side is responsible for the fence. If there's a T on both sides of the boundary, this is called a party boundary, which means both you and your neighbour are responsible for it.15-Nov-2017
Which garden fence is responsibility?
The owner of the fence is usually responsible for maintaining the fence. However, this is not always the case. The owner may wish to have the side without the posts – the best side – facing their garden and erect the fence and the posts entirely within their own garden.
How do I know who owns a fence?
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.
Who owns a fence between two houses?
When looking at the plans, the ownership is indicated by a “T” marked on the plans on one side of a boundary. If the “T” is written on your side of the boundary, you're responsible for maintaining it. If there's an H (although actually it's two joined Ts) the boundary is the joint responsibility of both parties.16-Apr-2021
Which boundary fence is mine UK?
There is no general rule about whether you are responsible for the boundary fence on the left or right or rear of the property.21-Mar-2016
What are the rules on garden fences?
If the fence belongs to your neighbour, even if it's only 'your side', garden fence protocol states you can't paint it without your neighbour's permission. Even though you have the best intentions and you're trying to make it look smarter, without permission it could be classed as criminal damage.11-Jan-2021
Who owns the fence between two houses UK?
Article Summary. In England and Wales, there is no legal presumption that a person owns or must maintain a fence or other boundary barrier on the left or on the right. Ownership of the boundary is normally determined by the builder who erects the buildings.02-Jan-2018
Who pays for fence between neighbors UK?
Most likely, due to the precedent-based legal system in the UK, there isn't a strict law regarding the boundary between two properties, be it a fence or a hedge, in terms of whose responsibility it is to install, repair or maintain it.25-Jul-2018
What are the laws on boundary fences?
This might surprise you, but you don't have to have fencing – there's no law that says you do. You're only legally obliged to put up fencing under certain conditions. The most common are if you live next to a railway, if you need to prevent livestock from leaving their fields and if your deeds require you to.
How to tell who owns a fence?
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.
Can you buy out your neighbour?
If you have a joint boundary, and you have a party fence, you’ll have to speak to your neighbour and work out what you want to do such as taking it in turns to care for your fencing. You can buy out your neighbour – you must go through a proper, legally recorded sale process to make this official.
How high should a garden fence be?
Fence heights are a matter of planning policy. Generally, your rear garden fences are allowed to be up to two metres high and one metre on front fences but your local authority planning office will be able to confirm this. Do always discuss any plans you have with any neighbours who may be affected.
Can you stain fences with bleed through?
Again this isn't normally a problem between neighbours, but remember that any paint or stain that you apply is likely to slightly bleed through to the other side of the fencing. Hence it's a good idea to coordinate your annual fence treatment day with your neighbour, where any bleed through can be dealt with while the treatment or paint is still ...
Can you grow climbing plants on your side of a fence?
It's unlikely that your neighbour would object to you growing climbing plants up your side of the fence, but remember that in time plants can become heavy, and may affect the structural integrity of the fence.
Does Admiral Home Insurance cover fences?
Admiral Home Insurance covers fences as part of its standard home cover, as outlined in the policy book. While some causes of damage to garden fences are covered under your home insurance, there are usually some exclusions.
What is garden fence responsibility?
Garden fence responsibility can often be a subject of dispute between neighbours, especially when it comes to knowing where you stand legally. It’s easy to avoid unnecessary hassle and confrontation by making sure you know what you are responsible for when it comes to garden boundaries. The first thing to do is check your deeds to see ...
Is it a good idea to check with a landlord about fences?
It’s not a bad idea to check with the estate agent, landlord or previous property owner about garden fence responsibility before you buy a house or move into one. A simple chat with a neighbour can also usually resolve any potential future issues fairly easily!
What is the most common problem with a garden fence?
Probably the most common garden fence problem is deciding who is responsible for repairs and maintenance. As mentioned earlier, talking to your neighbour and coming to a mutual conclusion can solve most issues.
Can a garden fence be damaged by a falling tree?
For example, should your garden fence be damaged by a falling tree or during a storm then this would typically be excluded under most policies. As always, it’s best to check with your insurer to certify exactly what is covered and what isn’t.
Is it a fault of a garden fence?
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.
What to do if deeds don't help?
If you are both unsure, ask other neighbours as there may be an unspoken pattern you can follow. Try to come to an agreement as to who owns the fence and, thus, is in charge of replacing the panels.
Can you check your title deeds?
Check your title deeds. If you are lucky, this will be marked on your title deeds for your property. Particularly for more recently built houses, there will be a pattern of boundary ownership clearly marked on the title plan. It is also possible, in most areas, to privately purchase copies of title plans for your neighbour’s house ...
What is an office copy of a title?
If your property is registered at the Land Registry you can obtain what is called an ‘office copy’ comprising a title plan and register details. You can also obtain copies of any documents referred to in the register that are held by the Land Registry. Deeds may contain covenants showing who is responsible for maintaining a boundary.
Who assisted you with the purchase of a property?
It is always worth checking with the Conveyancer who assisted you with the purchase of the property. Sometimes unregistered title deeds may have been retained and information may have been contained in these documents. Generally the Vendor of a property will have completed a Seller’s Property Information form and you may be able to establish ...
Do deeds show who is responsible for maintaining a boundary?
Deeds may contain covenants showing who is responsible for maintaining a boundary. But such covenants do not necessarily confirm ownership of the boundary. The Land Registry plan will only show general boundaries of the property. It is important to look at the deeds and documents if available and they are not guaranteed to confirm ownership.
What is a T mark on a plan?
There are cases where there are ‘T’ marks on the plan and which include wording such as “to maintain the boundaries marked with an inward facing ‘T’ mark”. Newer properties tend to have some indication provided by the Builder. If your neighbour’s property is registered with the Land Registry you can also obtain the office copies held in respect ...
Can you get a copy of a wall from a neighbour's property?
If your neighbour’s property is registered with the Land Registry you can also obtain the office copies held in respect of their property. If the ownership of the wall or fence is not evident from the office copies the party shown to have maintained the fence may be deemed to be the owner of it.
What are the boundaries of a fence?
The following Boundary Presumptions or Conventions will normally apply, subject to rebuttal by evidence to the contrary: 1 The fence is on the land of the fence owner. This means that the boundary will be presumed to be on the outer side of the fence. 2 Struts. Where a fence has struts on one of its sides it is presumed that the owner of the fence is the owner of the land upon which the struts stand. 3 Upright Posts. Where a fence is supported by upright posts on one side it is likewise presumed that the upright posts stand upon the fence owner's land. 4 Fences with Footings. The Party Wall Act 1996 allows for a fence footing to be laid underground, partly under the adjoining property. 5 Wooden Panel Fences. Where the wooden panels are fitted between the posts the convention is for the external face of the posts to be placed on the owner's land against or close to the boundary. 6 Wire Fences. Where wire fences are supported by concrete posts the convention is for the outer face of the post to be against or close to the boundary, and for the wires to be passed through holes in the centre of the posts. Where the posts are of wood, the outer face would be against or close to the boundary and the wires would be stapled into the outer face of the post.
What does "struts" mean on a fence?
Struts. Where a fence has struts on one of its sides it is presumed that the owner of the fence is the owner of the land upon which the struts stand. Upright Posts.
How many boundaries does a developer have?
Where a developer creates 5 properties from a plot of land owned by him, there will be 4 dividing boundaries and 2 end boundaries (6 in all) as in the example below. This means that at least one of the properties will own at least 2 of the boundaries; thus there can be no presumptive rule of ownership on one side or the other.
Where is the boundary of a wall?
Walls. Where the boundary is a garden wall, ownership of that boundary is presumed to be on the side of the wall farthest from the garden of the owner who erected the wall. It is presumed that the owner would make certain to build with the external face on the edge of his own land.
Who determines who owns the boundary in England?
Ownership of the boundary is normally determined by the builder who erects the buildings.
Do modern buildings have transfer deeds?
Modern buildings will usually have a detailed Transfer Deed that specifies ownership of the boundary fences. More often than not, however, it will be necessary to look at the ownership documents each side of the boundary, and sometimes even for the houses at the two ends of the street.
What is party wall?
The Party Wall Act 1996 allows for a fence footing to be laid underground, partly under the adjoining property. Wooden Panel Fences. Where the wooden panels are fitted between the posts the convention is for the external face of the posts to be placed on the owner's land against or close to the boundary. Wire Fences.
How much notice do you need to give a neighbor to put up a fence?
However,if your neighbor has decided to put up a fence, they need to put this in writing and give you 30 days’ notice ahead of the work going ahead, otherwise you can take them to court. If they’ve given you notice and you’ve failed to respond, a civil court can rule that you have to pay for half of the fence.
Do you have to fence off the boundary of your home?
We’re all used to seeing fences around gardens of individual houses but in most cases there’s actually no legal obligation to fence off the boundaries of your home. The exception is: Around building sites adjacent to highways, both road and path: Highways Act 1980; Around disused mines: Mines and Quarries Act 1954;
Do neighbours have to repair fences?
There’s no law which says your neighbour has to repair their fence, even if it’s rotting away and making the side of your property look bad. While you could opt for a boundary demarcation and hire a disputes expert to write a report, you could end up wasting your money as it’s unlikely they’d change their mind.
Can you hang things on a neighbour's fence?
You can only hang things on your neighbour’s fence paint it or use itto support your plants withtheir permission. . Leaning or hanging things on the fence or using it as a makeshift retaining wall will result in a much heavier burden on the supporting posts and panels of the fence than itwas designed to bear.
Can you replace a fence with concrete?
If the old fence is made of wood, and your neighbour wants to replace it with a concrete one, you can insist the new concrete posts and base slabs be erected entirely on their side of the boundary line, so you can erect your own wooden fence with new posts later on.
What to do if your neighbor blocks your window?
If your neighbor is the one planning on the build and you’re concerned that it might block the light coming into a window, the best thing to do is to voice your concerns and try to persuade them to build in a way that reduces the impact on you. If that isn’t possible, you should check the local building regulations.
Do fences on the left side of a house belong to you?
Contrary to popular belief, there ’s no rule that says the fences on the left side of your home belong to you .. 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, ...
Article Summary
Example of Boundary Fence Ownership in A Road
- Where a developer creates 5 properties from a plot of land owned by him, there will be 4 dividing boundaries and 2 end boundaries (6 in all) as in the example below. This means that at least one of the properties will own at least 2 of the boundaries; thus there can be no presumptive rule of ownership on one side or the other.
T and H Marks
- When you can obtain a copy of a plan with T or H marks this should resolve the dispute. The bar of the T indicates the side of the property that owns the boundary structure. Where there is an H mark each party own the boundary structure. This sample shows T marks on two of a property's boundaries. The bars of the T clearly show the owner of these boundary structures to be the pro…
Common Law Boundary Presumptions and Conventions Relating to Boundary Structures
- Fences
The following Boundary Presumptions or Conventions will normally apply, subject to rebuttal by evidence to the contrary: 1. The fence is on the land of the fence owner. This means that the boundary will be presumed to be on the outer side of the fence. 2. Struts. Where a fence has stru… - Walls
Where the boundary is a garden wall, ownership of that boundary is presumed to be on the side of the wall farthest from the garden of the owner who erected the wall. It is presumed that the owner would make certain to build with the external face on the edge of his own land. Where the wall i…