Which Side Of The Fence Is Mine?

Contrary to popular belief, there isn't a predefined ownership of each side of a fence between properties. Typically, the ownership can be determined by referencing the Title Plan or Land Registry, where a 'T' mark signifies the boundary ownership and the associated responsibilities for maintenance. When in doubt, consulting a boundary solicitor can provide clarity on your property's boundaries.

What if I can’t find any paperwork stating ownership?

In England and Wales, there's no legal requirement for boundary ownership to be explicitly documented in title deeds. This can lead to uncertainty regarding fence ownership. In such cases, further investigation through the Registry of Deeds or consultation with a boundary surveyor or solicitor may be necessary. Alternatively, reaching a boundary agreement with your neighbours can also clarify responsibilities.

Can I tell which fence is mine by looking?

Typically, you can infer fence ownership by observing where the rails and structural supports are located. Often, fences face outward from the property, giving the neighbour the aesthetically pleasing side. However, this practice isn't universal, so relying solely on visual cues may not always suffice. Referencing legal documents remains the most reliable method to ascertain ownership.

Who gets the 'good' side of the fence?

There's no legal requirement dictating which neighbour gets the preferable side of a fence. Opting for double-sided fence panels can eliminate concerns about a "bad" side, as both sides appear identical and hide the rails within the panel. When fencing borders a road or footpath, installing panels with rails on the interior prevents them from being used as climbing aids by potential intruders.

Can both my neighbour and I own the same fence or wall?

Yes, if the title deeds indicate a mirrored 'T' mark, it signifies shared ownership of the boundary between properties. In such cases, both neighbours bear responsibility for maintaining the fence or wall.

How do I get my neighbour to repair their fence?

Regrettably, there's no legal recourse to compel your neighbour to repair a deteriorating fence, even if it impacts your property's appearance. Seeking dispute resolution services could formalise the issue but might affect property disclosures during future sales.

Alternatively, installing a new fence inside your own boundary is a practical solution to address visual and maintenance concerns. If you need any assistance with fencing Newcastle and surrounding area customers can get a free call out and quote.