a photo of a fence that needs replacing, important considerations before replacing a fence are which fence is mine, which side of the fence is mine, how do I know which fence is mine, how do I find out which fence is mine and which boundary fence is mine

Editor’s Note [05.09.2024]:

Our article about “How Do I Find Out Which Fence is Mine?” was first published on August 8, 2019. We have considerably expanded the article today with new sections including other methods to establish a boundary, how to resolve boundary disputes, fencing maintenance responsibility and a summary.

The Legalities of Garden Boundaries

Whether fence panels have fallen over and broken during a windy winter, or the timber has succumbed to old age, the repair of a garden fence cannot start until you identify who is responsible for the garden fence boundary. So, it's time to ask: Which Side of the Fence is Mine?

Check your title deeds

If you are unsure about which side of the fence is yours – and 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 if you need further clarification.

On the title plans, look for T-marks. Whichever side of the boundary the T-mark falls indicates the responsible party. An H-mark indicates a party wall, meaning it is shared between the neighbours on either side. See the diagram below.

this diagram can help to answer questions such as which fence is mine, which side of the fence is mine, how do I know which fence is mine, how do I find out which fence is mine and which boundary fence is mine
this diagram can help to answer questions such as which fence is mine, which side of the fence is mine, how do I know which fence is mine, how do I find out which fence is mine and which boundary fence is mine

In the first diagram, you can see that No.5 Wildacre Rd owns the fence shown and is responsible for its upkeep. The second diagram shows a more complicated situation, a party wall meaning it is shared between both No. 5 and No. 4. Householders at the end of a block may find themselves responsible for more than one boundary.

Other methods - how do I find out which fence is mine?

The property title deeds may not always be entirely clarifying, but there are several other methods you can choose to identify which boundary fence is mine. We summarise these below:

1) Checking land registry records

If you access land registry information this may be clarifying. You can view land registry maps and plans, which will be helpful in Identifying boundary ownership in the land registry records.

2) Property surveys

You could hire a Property Surveyor to complete a survey to determine the boundary line.

Hiring a professional Surveyor could be expensive but should also be definitive in providing an answer about where the boundary line lies. Surveyors will have access to the most advanced surveying technology such as GPS and GIS, which provides precision boundary mapping.

3) Local council and local authority planning office

You could also consult your local council planning department for boundary information for your property. They can access your planning permission history and records. They will also be able to offer advice about council regulations regarding garden fences.

before buying this fence consider questions such as which fence is mine, which side of the fence is mine, how do I know which fence is mine, how do I find out which fence is mine and which boundary fence is mine
before buying this fence consider questions such as which fence is mine, which side of the fence is mine, how do I know which fence is mine, how do I find out which fence is mine and which boundary fence is mine
Forest 6' x 6' Europa Plain Pressure Treated Decorative Fence Panel (1.8m x 1.8m) - Click Image to View
before replacing this hedge with a fence consider questions such as which fence is mine, which side of the fence is mine, how do I know which fence is mine, how do I find out which fence is mine and which boundary fence is mine
before replacing this hedge with a fence consider questions such as which fence is mine, which side of the fence is mine, how do I know which fence is mine, how do I find out which fence is mine and which boundary fence is mine

4) Historical documents

Viewing any old property documents such as maps, aerial photographs and historical property records could be valuable. Also, check historic property sale documents and conveyancing transactions for boundary descriptions.

5) Boundary fence markers

Particularly for larger properties (such as farms and estates), look for boundary stones, posts or markers that might have been placed in the past to denote boundary lines.

6) Physical features and landmarks

Again, mainly for larger properties, look for natural landmarks like trees, hedges, lakes or rivers which may create a property boundary.

Boundary ownership disputes - resolving issues over which fence is mine

Boundary disputes frequently arise, with many parties wondering “Which boundary fence is mine and which is my neighbours”. Here we provide guidance on managing boundary ownership disputes:

  1. Common causes of boundary disputes – these include issues like ambiguous property lines, construction encroachments, placement of boundary fencing, overlapping land use, and unclear deed descriptions
  2. Legal advice for boundary disagreements – the first and foremost legal method is to consult a Property Lawyer. As we said previously, reviewing title deeds and Land Registry deeds are other legal routes. Organising a professional property survey would also be useful if a boundary dispute needs to be resolved legally
  3. How the law interprets boundary disputes – UK garden fence law will legislate on boundary disputes in many ways including:
    1. Title deeds – naturally, the title deeds are all-important in legal cases
    2. Historical use and intent – even if not stated in deeds, the historical use and long-standing customs can influence the interpretation of boundaries. This is especially the case if there is evidence of an acceptance of a boundary by both parties in the past
    3. Physical evidence – if physical evidence is available, such as old maps, boundary markers, and natural landmarks, these will be used in legal considerations
  4. Steps to resolve disputes amicably - it is possible and PREFERRABLE to resolve a boundary dispute without a legal case. Open communication between neighbours is important. Often a joint property survey with an agreement to abide by the results is enough to establish an accurate boundary line both parties agree on. An alternative approach is for both parties to hire a neutral mediator who can liaise between both parties to reach a mutually acceptable agreement. Any such boundary agreement needs to be written and signed by both parties for future reference
discuss with your neighbour questions such as which fence is mine, which side of the fence is mine, how do I know which fence is mine, how do I find out which fence is mine and which boundary fence is mine
discuss with your neighbour questions such as which fence is mine, which side of the fence is mine, how do I know which fence is mine, how do I find out which fence is mine and which boundary fence is mine
Forest 6' x 6' Europa Plain Pressure Treated Decorative Fence Panel (1.8m x 1.8m) - Click Image to View

Garden fence maintenance and responsibility

Joint responsibility for fence upkeep

Once it is established who is responsible for an area of fencing, they will also be responsible for its ongoing maintenance. This will include tasks such as periodic wood preservation treatment, ongoing inspections and routine fixes, such as fence panel replacement, fixtures tightening up, etc.

discuss with your neighbour questions such as which fence is mine, which side of the fence is mine, how do I know which fence is mine, how do I find out which fence is mine and which boundary fence is mine
discuss with your neighbour questions such as which fence is mine, which side of the fence is mine, how do I know which fence is mine, how do I find out which fence is mine and which boundary fence is mine

Is sharing of maintenance duties a possibility?

Yes, shared maintenance duties are possible, meaning both parties are responsible for aspects of fencing maintenance. A shared arrangement requires clear communication (preferably in writing) and agreement on the specifics of upkeep to ensure the fence is properly maintained.

What to do next...

If it is clear that the boundary is yours, it is wise to let your neighbour know about any renovation, repair or replacements you are planning before you begin.

If you need advice on buying a fence, check out Your Guide to Buying Fencing.

Or, if you are ready to start building your fence, check out How to Erect a Fence or How to Repair a Fence blogs.

before buying this fence consider questions such as which fence is mine, which side of the fence is mine, how do I know which fence is mine, how do I find out which fence is mine and which boundary fence is mine
before buying this fence consider questions such as which fence is mine, which side of the fence is mine, how do I know which fence is mine, how do I find out which fence is mine and which boundary fence is mine
Forest 6' x 6' Brown Pressure Treated Super Lap Fence Panel (1.83m x 1.83m) - Click Image to View

Final thoughts

In conclusion, your title deeds are all-important as they may mark fencing boundaries. Look for T-marks on the plans to identify garden fence responsibility and H-marks, which indicate shared boundaries or party walls. It is important to note that householders at the end of a block may have multiple boundary responsibilities.

Other ways to determine boundaries include accessing land registry records, hiring a property surveyor, consulting your local council planning office, reviewing historical documents, looking for boundary markers and identifying natural landmarks. Wherever possible, it is best to discuss boundary disputes with neighbours to come to an agreement on boundary responsibility. Where an amicable settlement cannot be made, we have provided an overview of a legal approach above.

before buying this fence consider questions such as which fence is mine, which side of the fence is mine, how do I know which fence is mine, how do I find out which fence is mine and which boundary fence is mine
before buying this fence consider questions such as which fence is mine, which side of the fence is mine, how do I know which fence is mine, how do I find out which fence is mine and which boundary fence is mine
6' x 6' Forest Essential Double Slatted Fence Panel (1.83m x 1.83m) - Click Image to View

Contact Buy Fencing Direct

Well, hopefully, we have answered the question, “Which side of the fence is mine?” If you need further support though why not contact Buy Fencing Direct in these ways:

  • Phone calls - 0333 003 0515
  • E-mails – send emails through our contact form
  • Text chat - message us in real-time through our text chat app, which can be accessed at the bottom left corner of the screen

Don’t forget to visit our Buy Fencing Direct Shop where you will find lots of great value fence panels, trellis and fencing accessories.

 

*Title deed image and more information source: www.gardenlaw.co.uk/boundaries.html