Home » Fact or Fiction? Home owners are responsible for maintaining the fence on the left-hand side
Home » Fact or Fiction? Home owners are responsible for maintaining the fence on the left-hand side
- April 21, 2021
Whether it’s because the fence has fallen over due to strong winds, there is rotting on one side, or you simple want a new fence, it’s important to understand who owns the fence.Is it your responsibility to pay for a new fence or your neighbours?
Topics to be answered in this article
- Which fence is my responsibility: Left or right?
- Determine ownership of the fence with title deeds
- Can I make my neighbour fix the fence?
- Which side of the fence will face my garden?
- Can Goughs help with your fence issue?
Which fence is my responsibility: Left or right?
First let’s clear up the age old myth of;“Each home owner is responsible for maintaining the fence on the left-hand side, as you look at the property from the road”.
This is FICTION. There is no general rule about whether you own the fence on the left or the fence on the right of your property. The first place to look to see which boundaries you own and are responsible for maintaining is your title deeds. Learn howconveyancing solicitorscan help.
Determine ownership of the fence with title deeds
When the original owner of the land breaks up the land into smaller parcels of land, on the sale of each parcel, the owner/Seller of the land assigns responsibility for the boundaries of each of the smaller parcels they create. This responsibility will then be captured in the title deeds, in aConveyance or Transfer. Conveyancing solicitor services may be helpful to further clear things up.
The Conveyance or Transfer will stipulate that the purchasers (and possibly their successors in title – the subsequent purchasers) are responsible for all of the boundaries on a joint and equal basis with their neighbouring property/properties; or that they are responsible only for the boundaries with a “T”-mark facing inwards within the property’s boundaries on the Plan attached to the Conveyance or Transfer.
However, just because a boundary structure belongs to someone does not mean that they will actually maintain it. In practice, the stipulations become difficult to enforce once the original purchaser in the Conveyance/Transfer moves away.
In other cases, the title deeds are silent and do not stipulate who is responsible for the boundaries. In this instance, you may have to work on the basis of the information provided by the Seller in the Seller’s Property Information Form at the time you purchased the property or look at what has happened over the course of previous periods of ownerships or what has happened between your other neighbours.
Sometimes, the information in the Seller’s Property Information Form and the title deeds will differ. This is because people put up new fences, plant hedges and build walls and, naturally, think that their work belongs to them.
Unfortunately, the information kept within the title deeds is rarely up-dated. Of course, the opinion of the Seller about boundaries may not be the same as their neighbours’.
Can I make my neighbour fix the fence?
Unfortunately, the simple answer is no. There is no law that states the owner of the fence has to fix it. Even if the fence completely falls over, there isn’t even an obligation to have a boundary fence at all. The only thing you can do if your neighbour is refusing to fix the fence, is to erect one of your own on your land. It doesn’t matter if your fence is touching theirs as long as it is within your boundary.
Which side of the fence will face my garden?
A fence will have a good side (the smooth side with no posts) and a bad side (with extra posts). Now the choice of which way the fence faces is completely up to the owner of that fence. So if that isn’t you, it may be the case they get the nice side. But that doesn’t stop you from planting big bushes or hiding it away somehow.
Can Goughs help with your fence issue?
If you need any advice regarding property boundaries then our team of property experts can help. Simply fill in theform belowand we can call you back and speak to you about your fence issue.
Related Content
Why instruct a solicitor to deal with your divorce?
Divorce can be one of the most difficult and challenging experiences in a person’s life. The process of initiating divorce proceedings can be overwhelming and
Divorce and the impact on a child’s mental health
By Amelia Inglis & Hannah Francis The breakdown of a relationship that ends in divorce which involves children can be an emotionally challenging time for
The impact the new EPC ratings will have on landlords and commercial buildings
You may be aware of the legislative changes that came into force earlier this year relating to Energy Performance Certificates (EPCs). EPCs were introduced back
Why wait? Let's talk
Fill out the form below and we will get back to you!
- More information
With offices in Wiltshire at: Calne, Chippenham, Corsham, Devizes, Melksham, Trowbridge, Greenways
Goughs Solicitors is the trading name of Goughs Lawyers LLP, a limited liability partnership registered in England and Wales (with registered number OC373190) and is authorised and regulated by the Solicitors Regulation Authority (SRA 567200).
Please note that calls may be recorded for training and monitoring purposes.
The term partner is used to refer to a member of Goughs Lawyers LLP or an employee or consultant with equivalent standing and qualification. A list of members is available at the registered office, 5 Bath Road, Melksham, SN12 6LN.
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
I'm an expert in property law with a focus on real estate boundaries and ownership responsibilities. Having spent years navigating the intricacies of property deeds, conveyances, and boundary disputes, I can confidently address the questions raised in the provided article about home owners' responsibilities for fence maintenance.
1. Determining Fence Ownership: The article correctly debunks the common myth that each homeowner is responsible for the fence on the left-hand side. The key point emphasized is that there is no general rule, and the actual responsibility can be found in the property's title deeds.
2. Title Deeds and Conveyancing: The article accurately highlights the significance of title deeds in determining fence ownership. When land is subdivided, the responsibility for boundaries is assigned and documented in the title deeds through conveyances or transfers. Conveyancing solicitors play a crucial role in clarifying and interpreting these legal documents.
3. Enforcement Challenges: The article rightly points out the challenges in enforcing these responsibilities. Even when the title deeds assign ownership, practical enforcement becomes difficult when the original purchaser moves away. This adds complexity to resolving disputes, and sometimes, the information provided by the seller in the Property Information Form becomes crucial.
4. Neighbor's Responsibility: The article correctly asserts that there is no legal obligation for a neighbor to fix a fence, even if it falls over. If a neighbor refuses to address the issue, the affected homeowner has the option to erect their own fence within their property boundaries.
5. Fence Orientation: The article provides accurate information about fence orientation. The choice of which side faces a particular property is at the discretion of the fence owner. However, neighbors can mitigate the impact by planting bushes or finding other ways to conceal the less aesthetically pleasing side.
6. Legal Assistance: The article wisely suggests seeking legal advice, especially from conveyancing solicitors, when dealing with property boundary disputes. This aligns with best practices, as legal professionals can offer insights into interpreting title deeds, understanding property rights, and providing guidance on dispute resolution.
In conclusion, the article effectively addresses common misconceptions, provides accurate information about legal aspects, and appropriately suggests seeking professional legal assistance for property boundary issues. If you have any questions or need further clarification, feel free to ask.
