It can be difficult to determine who is responsible for which side of the fence
Stormy and blustery conditions can leave fencing damaged or destroyed beyond repair, meaning homeowners will frequently need to replace them entirely.
Brits must also exercise caution when painting fences, as they’re required to inform their neighbour if it belongs to them. It can be challenging to work out who’s liable for footing the bill, but according to specialists at Jacksons Fencing, there are several methods to identify who owns which section of the fence.
The initial step is to observe who owns the “attractive side” of the fence. Whilst this doesn’t always establish who’s liable, it can provide guidance, reports the Express.
The specialists explained: “Typically, you can guess who owns a fence by seeing where the rails are, with the fence typically facing away from their property so that the neighbour gets the ‘good’ side of the fence.
“This is the most secure way of facing fencing, so there are no rails for anyone to use to climb into your garden. This is then repeated with the neighbour on the other side to ensure that each home has both a ‘good’ and ‘bad’ fence side.”
Nevertheless, there’s no legal requirement that your neighbour must receive the attractive side of the fence, so it’s possible that both sides appear identical.
Should this be the situation, it’s advisable to examine the legal paperwork to confirm the ownership of the property boundaries.
The specialists noted: “Contrary to common belief, there is not a designated side of the fence to each property. The only way to know for certain 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.”
If the ‘T’ mark appears on both sides to form an ‘H’, the fence is shared, according to the fence pros. This means that both neighbours are responsible for the maintenance of the fence, which is known as a “party wall”, or a “party fence”.
While walls built on the boundary of two properties are covered under the Party Wall Act, ordinary garden fences are unconnected to this legislation.
In some cases, the boundary listed in the documents could be outdated and therefore not accurate. This often occurs if the boundary has been changed since they were drawn up, or if neighbours have been using your land without realising.
If you believe the boundary is wrong, the fencing experts suggest checking the Land Registry to discover who is responsible for the fence.
The specialists added: “Frustratingly, there is no way to make your neighbour repair their fence, even if it is rotting and making your garden look unsightly.
“You can look to hire a disputes expert, but this will go down as an official dispute and will have to be declared when selling your house. The only way to get around this would be to install your own fence within your boundary, right next to it.”