Which Fence Is Mine? How to Find Out Who Owns a Boundary Fence

There is no law in England that says the fence on your left, or your right, is yours. Ownership of a boundary fence depends on your property's legal documents, so the only reliable way to find out is to check your deeds and the Land Registry title for your house. If they say nothing, responsibility is often unclear, and the practical answer is to agree it with your neighbour.

The left or right fence myth

You'll often hear that you own the fence on the left as you look from the road, or that the fence on the right is your neighbour's. It's a widespread rule of thumb, possibly because some developers laid out estates that way, but it has no legal standing. Two houses on the same street can have completely different arrangements.

The same goes for the idea that the "good side" of a fence faces the neighbour, so the owner is whoever has the posts on their side. Facing the finished side outwards is a courtesy, not a legal test of ownership. When customers ask us to replace a boundary fence as part of our fencing and gates in Kettering work, this is usually the first question, and the answer is always in the paperwork rather than the fence itself.

How to check who owns your fence

1. Look at your title plan and register

Your house's title register and title plan are held by HM Land Registry, and you can download copies online for a small fee if you don't have them. The title plan shows the outline of your property.

Most title plans only show general boundaries. As GOV.UK's guidance on property boundaries explains, most title plans don't show the exact line of a boundary, and there's usually no record of who owns the fence, wall or hedge between two properties. So the plan alone often won't settle it.

2. Look for T marks and boundary wording in the deeds

Older deeds, and the original transfer when a house was first sold by the builder, sometimes include a plan with T marks on certain boundaries, or wording such as "the purchaser shall maintain the fence on the north-eastern boundary".

A T mark drawn on the inside of a boundary usually shows which property was meant to own or maintain it. An H mark suggests shared responsibility. How binding these are depends on the exact wording of the deed that contains them, so treat them as strong evidence of intent rather than an automatic rule. If the register refers to an earlier deed, the Land Registry may hold a copy you can order.

3. Look at the history

If the documents are silent, practical evidence helps: who put the fence up, who has repaired it, and how long that has gone on. It doesn't prove ownership on its own, but it's often what neighbours agree on.

Do you have to put up or repair a fence?

In most cases there is no general legal duty to fence your garden or to repair a boundary fence, even one you own. The exceptions are where your deeds contain a covenant to maintain it, or where there's a specific reason such as keeping livestock in.

Your own fence is still your responsibility if it falls and damages something, so a leaning or rotten fence you own is worth dealing with.

Note that the Party Wall Act applies to masonry garden walls on the boundary, not to timber fences.

What if you and your neighbour can't agree?

Most fence disagreements are solved by a conversation: agreeing who pays, what the new fence will look like and which side the posts go. Put anything you agree in writing.

If the exact line of the boundary is the problem:

• You can make a boundary agreement with your neighbour recording where the line is and who is responsible, and register it with the Land Registry.

• You can apply to the Land Registry for a determined boundary, which fixes the exact line. It needs a plan prepared by a surveyor.

• For disputes, a mediation service, a chartered surveyor who specialises in boundaries, or a solicitor can help. This article isn't legal advice, and a boundary dispute is exactly the time to get proper advice before anything is taken down.

Can I put up my own fence next to my neighbour's?

Yes. If you can't agree about the existing fence, you can put up a new fence entirely on your own land, just inside the boundary, as long as it keeps within the height limits. You mustn't remove, attach to or damage your neighbour's fence without their permission.

Before replacing a boundary fence

When we replace a boundary fence, we ask customers to check ownership and speak to the neighbour first. It avoids arguments on the day and lets both sides agree the style and height. Working out the budget early helps too, and our guide to fencing costs explains what drives the price per metre.

Once ownership is clear, we can take the old fence down and build the new one. If you're planning new decking or a patio alongside it, it's worth doing both at once. You can contact us to arrange a visit.