Avatar Image
rosiew | 10:14 Sat 22nd Feb 2020 | Law
17 Answers
Hi Answerbankers
Can someone tell me who owns the fence in our garden. I live in a semi so does the boundary wall that joins our neighbour belong to me? The question I need answering is who owns the fence that is not attached to our property. When we come out of our front door, there is a fence that separates us and the neighbour who is not attached, is she responsible for it.
Ta in advance


1 to 17 of 17rss feed

Best Answer

No best answer has yet been selected by rosiew. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
You'll need to look at your deeds, that's the only way to know for sure.
Question Author
Just looking through the deeds and so far we cannot find it.
There’s no hard and fast rule on fence ownership.
It the fence-posts are in your side, it's your responsibility.
I think ours had a T (on the deeds) along the side that is our responsibility. There was another thread on here the other day that might give you more info.
Khandro, that’s not correct.
It is a common misconception that the manner in which a fence is constructed indicates who owns it. For example, it is commonly believed that if fence posts are located in one person’s garden – they own the fence. However, whilst it is customary to construct a fence in such manner the position of the fence posts do not dictate who is legally responsible for the fence.
I always thought if the front of the fence faced your property it was yours.
That’s not true either.
this question comes up again and again....all the info you need is here, basically there is no definitive answer
If you ask a fencing contractor to erect a fence, he will put the posts on your side of the boundary & the fencing material will then be on the dividing line.
doesn't help with existing fences khandro
What if it's a fence with posts that have slots where the panels
slide /slot in
Baz //What if it's a fence with posts that have slots where the panels slide /slot in //

As Dr Watson said of Holmse's, 'Mystery of the Great Rat of Sumatra',
"The world is not yet ready for such a question".
As I understand it, looking out the back of your house, the boundary on the right belongs to your neighbour. The one on the left is yours.
That sounds right for our house 10ClarionSt
The following is a direct copy-&-paste from the answer I posted on Tuesday to a similar qurestion (and I stand by it now):

Here we go again! (This question has come up countless times over the years!).

There is NO fixed 'left/right' rule about who owns a fence.

However if you think about how you'd erect a fence at the front of your property, it would almost certainly be with the posts on the inside of the fence and the boards on the outside. Similarly, people usually put up fences between their property and that of a neighbour with the posts on their own side and the boards on their neighbour's side. So it's most commonly 'the person with the posts' who owns a fence (but it's still NOT a rule!).

It also has to be remembered that owning a fence and being responsible for its upkeep aren't the same thing. Unless there's, say, a covenant in the house deeds which requires someone to keep their fence in good order, there's no obligation upon them to fix or replace it if it gets damaged by the wind. They can simply leave it as it is or remove it altogether (leaving their neighbour to erect their own fence if they want to see one in place).
Chris your answer is in the link I posted :)

1 to 17 of 17rss feed

Do you know the answer?


Answer Question >>