The main thing to know is that in the UK, we don’t legally own a side of a boundary fence. That implies there is no your side and my side. All things considered, one of you is liable for the whole fence. It is best to have a conversation with your neighbour and agree on who looks after what.
There are 4 main factors to consider with regard to who either owns the fence or who is responsible for the upkeep of the fence.
- First important thing to do is to take a look at the property title plan and registry details.
This is sometimes known as the office copy and should tell you who owns the fence or at least who is responsible for the fence.
- Check the boundaries on property plan.
Fences are typically built on the owner’s property. This means the fence’s “bad” side (where the rails and posts are visible) typically faces the owner’s garden, while the “good” side (which has a smoother finish) faces the non-owner’s garden. Which is logical but doesn’t seem to be fair when you have paid for the fence. So, if you are buying a new fence and your neighbour is not contributing, but you have asked them, so in essence they are getting a new fence for nothing. It makes sense to run it by them first that you want the nice side or smooth side on your side.
- Run the question by the conveyancer or surveyor.
If you purchased the property, you almost certainly used a conveyancer or a surveyor They should be able to help you establish ownership.
Who paints the fence and generally looks after the fence?
Finally, if there’s no other way of telling, ownership usually comes down to who previously performed maintenance on the fence. If you repaired