Whether you’ve just moved into a new home and don’t know who is responsible for maintaining your garden fencing or have just seen some of your fence panels taken down by high winds, it’s essential to keep a cool head and start taking proactive measures to prevent a dispute from taking place.
What about the left-hand side rule?
Most people assume that when it comes to fencing, the left-hand side of a person's property belongs to them. This is based on the idea that most fences are built along the boundary line between two neighbouring properties. Therefore, one side (generally the fence post side) automatically belongs to one property, and the other belongs to the neighbouring property. The left-side assumption can keep both neighbours happy; however, this is a general rule of thumb and not always applicable. It pays to know precisely who legally owns which side of a fence before any work is carried out.
Title deeds: Well worth a read!
In reality, ownership of a fence depends on where its boundaries lie in relation to your title deeds. Title deeds clearly state where your property ends and your neighbours’ boundary begins. The letter 'T' will indicate sole ownership on one side, and the letter 'I' (which looks like two 'T's joined together) will indicate ownership of both neighbours. If you are struggling to locate your title deeds or need clarification, try contacting your local council, Land Registry or the solicitor you used when you purchased your home.
Know where you stand from the start
Save yourself the headache of a potentially costly dispute by knowing your boundaries from the start. Try marking out each owner's rights and responsibilities with a simple written agreement to eliminate any future concerns. This could include who will pay for repairs, painting or staining, who is liable in case of injury caused by the fence and who is responsible for general upkeep and maintenance. By agreeing on these points up front, you can save yourself the hassle of a future dispute over fencing ownership and payments.
High-Quality Metal Garden Fencing
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