Who Owns Each Side Of A Fence?
In the UK, the ownership of a fence and its maintenance responsibilities usually depend on the boundary agreements in place between the adjoining properties. Typically, the title deeds of the properties will specify who owns which side of the fence. If such information is not available in the title deeds, the general presumption is that each property owner is responsible for the boundary on their respective side, although this can vary.
Determining Fence Ownership
Check the Title Deeds
The most reliable way to determine fence ownership is to check the title deeds or property plans. These documents often include a 'T' mark on one side of the boundary line, indicating which property owner has responsibility for that side. If the 'T' mark is on your side of the boundary, you own the fence.
Consult Land Registry
If the title deeds do not clarify ownership, you can consult the Land Registry records. The Land Registry may hold additional information that helps identify the boundaries and ownership responsibilities.
Presumptions and Customs
In the absence of clear documentation, some general presumptions may apply:
- Left-hand Rule: In some areas, it is commonly presumed that property owners are responsible for the fence on the left side when facing the property from the street.
- Right-hand Rule: Conversely, other areas might follow the right-hand rule, where owners are responsible for the fence on the right side.
Boundary Agreements
Neighbours can come to an informal agreement regarding fence maintenance and ownership. Such agreements should ideally be documented to avoid future disputes. If a dispute arises, it may be necessary to involve a solicitor or a professional mediator.
Legal Advice
In cases where fence ownership and maintenance responsibilities remain unclear, seeking legal advice is recommended. A solicitor can provide guidance based on the specific circumstances and local customs.
Understanding the ownership of a fence and the associated responsibilities is crucial for maintaining good neighbourly relations and ensuring that boundaries are respected. Always check your title deeds and consult the Land Registry if in doubt.