What Side of the Fence is Mine?
Garden fences provide a whole host of advantages to a property.
As well as being aesthetically pleasing, they act as a clear boundary between you and your neighbours while also helping to enhance privacy within your garden.
But what side of the fence is yours?
Sometimes, neighbours may get into disputes regarding who owns the fence, whose side is whose and who has the responsibility for maintenance.
If this is the case for you, then it’s a good idea to understand what side of the fence is yours and whether you are responsible for it in any way.
In this article, we’ll answer the question ‘what side of the fence is mine?’ outlining everything you need to know about fence ownership.
Read on to find out more…
What Side Of The Fence Is Mine?
Contrary to popular belief, people do not necessarily own the side of the fence that faces their garden.
There is a common myth that the left-hand side of the fence, as you look at the property from the road, is the part of the fence you own. However, this is not true.
In fact, usually, one person will own the fence and it’ll either be yours or your neighbours.
The best way to determine this is to look at the property’s deeds.
Title deeds outline everything you need to know about your property, including ownership of certain boundaries, including fences.
This information can be found in the Conveyance or Transfer section of the document and here it’ll state that the purchaser of a house is either jointly and equally responsible for boundaries or solely. Often, neighbours will be jointly or equally responsible for certain boundaries and this can include fences.
However, the deeds may also stipulate certain boundaries that the homeowner solely owns. If you notice boundaries that have been marked with a T facing inward, then this means you are the sole owner of this boundary.
With this in mind, if a dispute does break out regarding fence ownership then referring to your title deeds is one of the easiest ways of clearing up who actually is the owner. However, you should be aware that sometimes deeds are not updated when boundaries shift. In these instances, deeds may not be accurate and so you’ll have to seek further clarification.
What Can I Do If I Don’t Know Who Owns The Fence?
As mentioned above, if your deeds do not state who owns the fence or you are unsure for any other reason, there may be other ways you can find out a fence’s ownership.
The solicitor you used to purchase the house will likely have a copy of any paperwork you need, but if this also does not include the relevant information you can visit the Land Registry website. They have access to a wide range of property plans in the UK and, for a small fee, will be able to provide you with information relating to yours. These plans will likely include information regarding boundary ownership.
Alternatively, you could organise a private boundary agreement with your neighbour. This is a legally binding document where you and your neighbour will officially state who owns which boundary. This means that any future disputes will be easy to resolve as you both will have previously agreed to the boundaries. While this is a worthwhile thing to consider, you should always consult legal professionals to help you draw up the document and ensure it protects both parties.
Which Side Of The Fence Will Face My Garden?
Now that we’ve looked at fence ownership in greater detail, let’s answer the question of ‘which side of the fence will face my garden?’
Every fence has two sides, a good side and a bad side.
The good side is the smooth side of the fence which does not include any fence posts that may be unsightly or prove to be obstructive. In contrast, the bad side is the side of the fence with these posts.
Which way round the fence is positioned will be the decision of the fence owner and, usually, they will understandably choose to have the good side facing their garden and the bad side facing their neighbours.
Unfortunately, if you’re not the fence owner and you have been left with the bad side of the fence facing your property, there is nothing you can do about it. However, you could consider planting large flowers, shrubbery, trees or other natural elements to hide fence posts if you so wish.
Does The Fence Owner Have To Fix It?
The biggest disputes around fences tend to come when damage has been sustained to it.
Fences can become damaged for a variety of reasons including general wear and tear and from extreme weather conditions. If a fence has got holes in it or has even collapsed entirely, people will often want the damage to be rectified in order to restore the boundary and ensure the appearance of the garden remains attractive.
However, even if you know who owns the fence, ownership does not mean the person will be legally required to carry out, or organise, any maintenance work.
In fact, there are no laws whatsoever that legislate for fence repairs, and if the owner does not want to fix the damage then there is nothing you can do to force them.
Even if the fence has completely fallen down, there is no legal requirements to address this. This is because a fence is not a legal requirement of a property and people do not have to have one if they don’t want to.
The only option you have in these instances is to install your own. As long as the fence is solely on your boundary and does not intrude onto your neighbour’s property you can always do this.
Do You Need Planning Permission For A Fence?
In most cases, you will not need planning permission for a fence.
The only occasions when you may require it is if your fence is greater than two meters in height, if it is built from brick, stone or concrete or if you own a listed building or live in a conservation area or area of outstanding natural beauty (AONB).
