Rules & permissions
Which Side of the Fence Is Mine? How to Find Out
There is no rule that the left hand fence is yours. The only reliable answer sits in your title deeds and the plan attached to them, and sometimes even they are silent.
This is the question we are asked more than any other, usually because a fence has come down and two households are now looking at each other over a gap. The popular answers, that it is always the left side, or always the side the posts face, are not rules. They are habits, and they are wrong often enough to cause arguments.
What follows is the sequence we would actually go through, in order, before spending anything on a boundary you may not own.
Step one: read the title deeds and the title plan
Your title documents are the starting point and usually the finishing point. Registered titles in England and Wales are held by HM Land Registry, and a copy of the register and title plan can be obtained for a small fee. Look for anything in the register describing responsibility for boundaries, and look at the plan for markings against each boundary line.
- The register may contain a covenant making one party responsible for maintaining a particular boundary
- The title plan shows the general position of boundaries, not a surveyed exact line
- Older unregistered titles may only exist in the original paper conveyance documents
Step two: look for T-marks on the plan
A T-mark is a small letter T drawn against a boundary line on a plan, with the crossbar on the line and the stem pointing into one plot. Conventionally, the plot the stem sits in is the one responsible for that boundary. A double T, sometimes described as an H, indicates a shared or party boundary where responsibility falls on both sides.
- T pointing into your garden usually means that boundary is yours to maintain
- H shaped marks generally indicate a shared boundary
- No marks at all is very common and means nothing has been recorded either way
Step three: when the deeds say nothing
Silence in the deeds is normal, and it does not create a rule out of thin air. In that situation neither party is automatically responsible, and a fence is often treated in practice as a shared matter to be agreed between neighbours. Nobody can be forced to put up a boundary fence simply because the other side wants one.
Ownership, maintenance and who benefits
It helps to separate two ideas. Owning a fence is about the structure itself. Being responsible for maintaining a boundary is about an obligation recorded in the deeds. They usually overlap, but not always, and a fence built entirely within one garden generally belongs to that garden even where the boundary is shared.
A practical way to settle it without a row
Get your own deeds first, ask your neighbour to check theirs, and compare what the two documents say. If they agree, you have your answer cheaply. If they conflict or both are silent, a straightforward conversation about sharing the cost is almost always quicker and cheaper than pursuing the point.
- Put anything you agree in writing, even informally in an email
- Photograph the existing boundary before anything is removed
- Take advice from a solicitor if the disagreement is serious or a sale is involved
Where we come in
We build boundaries, we do not adjudicate them, and we will always say so plainly. Once you know whose fence it is, we can look at the line and quote the work. Ring us on 07885907880 when you are at that stage.
Once you know whose fence it is, we can help
We build boundaries rather than settle them. When you are ready, we will look at the line and price the work with no pressure either way.
Frequently asked
Is the left hand fence always mine?
No. That belief is very widespread and has no basis in law. Only your title deeds and title plan can tell you which boundary you are responsible for.
What does a T-mark on my title plan mean?
The plot the stem of the T points into is conventionally responsible for that boundary. Two Ts joined into an H shape usually indicates a shared boundary.
Does the side the posts face show ownership?
Not reliably. Posts and rails often face the owner's garden, but plenty of fences are built the other way round, so it is a hint at best.
What if neither set of deeds mentions the boundary?
Then no one is automatically responsible, and it becomes a matter for agreement between the two households rather than an obligation on either.
Can my neighbour make me replace a fence?
Generally no. Nobody can be compelled to erect a boundary fence unless the deeds place a specific obligation on them, so check the documents before assuming.
Where can I get my title plan?
Copies of the register and plan for registered properties are available from HM Land Registry for a small fee. Your conveyancing file may already contain them.