My neighbour's fence is falling down: who pays, and what can I do?

If the fence belongs to your neighbour, repairing it is their decision and their cost, and you do not have to pay half. There is usually no legal duty to keep a garden fence in repair unless the deeds say so. An unsafe fence between two gardens is mostly a civil matter, though some councils act on dangerous structures.

The practical answer is usually your own fence just inside your boundary, or an agreed split of the cost. This is general information for England, not legal advice.

Is it definitely their fence?

Check before you act. Ownership comes from the deeds, not from which side the posts face. HM Land Registry says there is no rule that the fence on the left or right belongs to that property. Buy the title register and plan for both houses and look for a written clause about fences or boundaries. Our guide to who owns the fence explains what to look for, and the free who owns this fence? tool walks you through it.

A duty to maintain a fence, written in the register, does not necessarily mean ownership of it. Often the deeds say nothing, and nobody has a recorded duty to keep the fence up.

Does my neighbour have to repair or replace it?

Usually not. Unless a covenant binds them, an owner does not have to keep a garden fence in good repair, or replace it when it falls. Citizens Advice puts it simply: your neighbour doesn't have to change a wall or fence just because you want them to.

You still have options that don't depend on them:

• Ask, in writing. Point out what is wrong, attach photos and suggest a fix. A written note helps if things go further.
• Offer to share the cost. Citizens Advice suggests a compromise such as splitting the cost of a new panel. It is often cheaper than involving a solicitor.
• Put up your own fence. You can put a fence entirely on your own land, just inside the boundary. It is then yours to choose and maintain.

Do I have to pay half?

No. There is no legal obligation to contribute to a fence that belongs to someone else. Equally, you can't make your neighbour pay for a fence you want.

Where a fence is genuinely shared, or the deeds are silent, splitting the cost is common practice rather than a legal rule. If you agree to share, write down who pays what, which style and height, and which way the fence will face. A short boundary agreement can also record who maintains the fence from now on, and it binds future owners as well.

As a guide to what you would be sharing, a new 1.8m lap panel fence in the West Midlands is £60–£90 per metre fitted, and featheredge £95–£135. Single panels are £90–£140 each and replacement posts £120–£180, with a minimum charge of about £400 a visit. See the fence cost per metre guide for worked examples.

What if it's dangerous or falling into my garden?

Tell your neighbour straight away, in writing, with photos. Citizens Advice advises pointing out a dangerous fence, because the owner may not be aware.

Whether the council will step in depends on where the fence is. Councils have powers under the Building Act 1984 to deal with dangerous structures, and Sandwell, for example, lists garden walls and fences among the structures its team can deal with. Other councils say defective garden walls and fences between properties, not next to a public road, are a civil matter for the neighbours. So a fence about to fall onto a pavement is the council's business; one leaning into your lawn usually is not. Ask your council's building control team.

If a fence or wall has fallen onto a road or pavement, tell the council. If anyone is at risk, call 999. If anything is touching a power line, keep away and call 105.

If your neighbour's fence damages your property, any claim is a civil matter between you. Gov.uk's advice is to talk first, then try mediation, and to treat court as a last resort.

What if a landlord, council or housing association owns it?

If your neighbour rents, gov.uk suggests contacting their landlord. The landlord may own the fence even if the tenant lives next to it.

If you rent, look at the repairs section of your tenancy agreement and your landlord's repairs policy. Citizens Advice says to ask your landlord to deal with the problem and not to change walls or fences without their permission. The landlord's legal repairing duty under section 11 of the Landlord and Tenant Act 1985 covers the structure and exterior of the home. The Housing Ombudsman has found that nothing in section 11 obliges a landlord to repair fences, so the tenancy agreement usually decides it. Some social landlords' agreements make the tenant responsible for dividing fences between homes.

If your landlord is a council or housing association and won't act, use its complaints procedure. If that doesn't resolve it, you can take the complaint to the Housing Ombudsman.

Can my neighbour paint or attach things to my fence?

Not without your permission. Citizens Advice says you can't make changes to your side of a neighbour's fence without their permission, and gives painting as the example. The same principle protects you when the fence is yours: paint, hooks, trellis and climbing plants fixed to it all alter your property.

Disagreements of this kind are civil matters. Gov.uk says to contact the police only if a neighbour is breaking the law, for example by being violent or harassing you. A fence that has been painted or drilled is not, in itself, a police matter.

The law isn't clearly settled on simply taking down things a neighbour has attached, so the safe route is to ask them in writing to remove them by a set date. If you do take something down, return it rather than throwing it away.

Can I paint my side of their fence?

Only with their agreement, for the same reason. For a different look, put trellis or a screen on your own posts, or your own fence just inside the boundary. See trellis and screening.

How do I sort it out without a row?

1. Get both title registers so you know who owns the fence.
2. Talk face to face if you can, write down what you agree, and keep copies of every letter.
3. If talking fails, try a mediator. You may have to pay for one, but it is much cheaper than court.
4. As a last resort, a solicitor who specialises in neighbour disputes can advise on a claim.

If you decide on a new fence of your own, see new fences. If only a few panels or posts have gone, see fence repair. We pass enquiries to fencing specialists across the West Midlands, including Sutton Coldfield, Walsall and Dudley and Stourbridge.