Whose fence is it anyway?

We would all prefer to avoid a neighbour dispute, but when urgent repair works, such as to fencing, are required, tensions can arise. It’s always better to discuss matters with your neighbour with the correct knowledge of both parties’ legal position behind you, but this isn’t always clear.

Whose responsibility is it to repair fence damage?

Many people assume ownership of garden fences or walls on the basis of old wives’ tales, general word of mouth or a misunderstanding. Before you assume responsibility or carry out work (which can often be costly), it’s important to know your legal obligation.

The title deeds of your property can be a good starting point, but it’s not unusual for them not to hold the answer. Often, a good dig into the documentation given when you purchased your property, such as the seller’s information form, may provide the answer. However, looking at the position ‘on the ground’ can also help.

What if I rent the property?

If you rent a property and your fence (boundary) has been damaged by the weather or something else, check your tenancy agreement. This will set out whether it’s your (tenant) or your landlord’s responsibility.

If you’re a landlord and your tenant has requested repairs from you, double-check the tenancy agreement to see if it is your responsibility.

How we can help

If you’re unsure as to who is responsible for boundary repairs, including fence damage, or if you think your documents are out of date, our property litigation solicitors can advise on your rights and responsibilities.

Please get in contact by calling 0117 325 2929 or filling out our online enquiry form for an initial meeting to avoid assuming responsibility for something that may not be your problem.