The Question
I would be grateful for some guidance on a dispute I am having with my neighbour. The fence to the right-hand side of our garden, as we look at it from the house, is in a state of disrepair and our dog keeps escaping. We checked our conveyancing documents, and it looks as if we own the left-hand side but our neighbours are responsible for the right-hand fence.
However, they are refusing to take responsibility as they claim it’s our fence. They have shown us their documents which suggest – because there is a ‘T’ icon on our side on the plans – we do own it. But our solicitor stated otherwise. How can this be resolved? Is there is a standard fence-owning system in the UK?
Simon’s Answer
The Land Registry have issued the following guidance to assist in this type of situation.
“There are various notions that the way a wall or fence is constructed indicates ownership, for example that the posts and arris rails of a fence are on the owner’s side.
“There is, however, no legal foundation for such beliefs. Deeds may contain covenants to maintain a wall or fence but, on their own, such covenants do not confer ownership.
“Where the ownership or responsibility for maintenance of a boundary cannot be determined, that boundary feature is generally best regarded as a party boundary. Any alterations or replacement of the boundary should only be done with the agreement of the adjoining owners.
“The register will only show information concerning the ownership and/or maintenance of boundary features when this information is specifically referred to in the deeds lodged for registration.
“The most common marking on deed plans that relates to boundaries are ‘T’ marks. An entry referring to a ‘T’ mark is normally a statement concerning the ownership of a boundary structure or the liability to maintain and repair it.”
A careful review of the corresponding titles is needed, before a definitive legal answer can be given. But if there is a T mark on the Deeds, then that owner is responsible for the boundary.
That does not automatically mean that the owner has to maintain a fence, unless there is a specific covenant between the two properties, requiring that. Again, the deeds will confirm that, one way or the other.
If there is no covenant, there is no obligation to erect and / or maintain a fence on the right-hand side here. The options generally would seem to be:
- Try to agree a party fence arrangement informally with the other owner, half share each, for certainty for the future.
- Erect your own fence just inside the boundary line, if it is clear that next door own the right hand side fence.
- If you are shown to own the right-hand side fence, then either demolish it, or fix it / replace it.
- Consider possible litigation to ask a court to decide who has responsibility- that would be a last resort, and potentially very expensive. Mediation should be considered first.
It is important in this type of situation to take specialist legal advice before going any further, so that you are as sure as you can be of your legal position.
Simon Steele-Williams is a partner, solicitor and head of dispute resolution at Parfitt Cresswell
