Who Owns the Fence?
Typically, you can guess who owns a fence by seeing where the rails are. The fence typically faces away from their property so that their neighbour gets the ‘good’ side. The finished side should face toward your neighbor. Not only is it more polite, but it’s also the standard. Otherwise, your fence looks installed backward.
When looking at plans, ownership is indicated by a "T" on one boundary side. If the "T" is on your side, you’re responsible for maintaining the fence. If two joined Ts, both parties maintain.
The transfer deed might state who owns it. If not in writing, look for any T-mark to boundaries.
Good Side of the Fence
Do I have to give my neighbor the good side of the fence? Generally speaking, the law does not require one person to give their neighbor the better side of the fence. It is ultimately left to the discretion of the two homeowners. If you are unsure, it is always a good idea to discuss the options with your neighbor before starting any work.
The correct way to put up a fence depends on the type of fence chosen, the location, and other factors such as the terrain. Make sure the posts are level, plumb, and strong. Traditionally, the person who installs and pays for a new fence has the right to choose which side faces their property.
Resolving Disputes and Understanding Boundaries
Determining who actually owns the fence between two neighboring houses can be a tricky task. If any damage is caused to your fence by your neighbors, then it’s their responsibility to meet the costs of fixing it.
In the UK, there isn’t a strict law regarding the boundary between two properties, be it a fence or a hedge. Also, there’s no set rule about whether you own the fence on the right or on the left-hand side of your house. Communication, negotiation, and legal advice are key in resolving any disputes that may arise.
The furthest edge of the fence makes up the boundary to the property. In most cases, the surest way to know who owns a fence is to have a property survey done by a licensed surveyor. This will show property lines and will indicate on whose property an existing fence resides.
The most convenient way to uncover who owns the fence between two neighboring houses and the legal owner of the barrier is with a transfer, title plan, or conveyance deed. If you can’t locate it in writing, look for the T-mark on these documents, which if positioned on your side of the fence, indicates the right of possession.