Who owns the fence? Left, right and the deeds

Before replacing a fence, it helps to know whose it is. The answer comes from your deeds, not from rules of thumb. If the documents that first split the land say who owns or must maintain a boundary, that is the answer. Many do not, and then there may be no recorded owner at all. In that case the practical answer is to agree it with your neighbour and put it in writing.

The popular shortcuts, such as "your fence is the one on the left" or "the posts face the owner", have no legal basis. This guide explains what does count. It is general information, not legal advice.

Step one: get the title register and plan

For a registered property in England and Wales, you can download the title register and title plan from HM Land Registry for a small fee. Get your neighbour's too if the boundary matters, since the two may say different things.

• The register is the written part. Look in the property and proprietorship sections for any mention of fences, walls or boundaries, and for covenants such as "to erect and forever maintain a fence on the boundaries marked T".
• The title plan shows the extent of the property with a red edge. It may show T-marks copied from older deeds.

If the register refers to an earlier conveyance or transfer, ask HM Land Registry whether it holds a copy. Older documents often contain the boundary clauses that never made it into the summary.

T-marks: what they mean and when they count

A T-mark is a small "T" on a plan with its stem touching a boundary line. By convention, a T on your side of a boundary means you own or must maintain that boundary. An "H" mark (two Ts joined across the line) usually means the boundary is shared.

The important point is that a T-mark only has force if the written deed refers to it. HM Land Registry's guidance is that marks on a plan without any reference in the text have no special legal meaning. So look for words, not just symbols.

Also note the difference between owning a fence and a covenant to maintain it. A covenant may oblige a first owner to put up and look after a fence, but whether such a duty binds later owners is a legal question in its own right.

General boundaries: why the red line is not exact

Almost every registered title in England and Wales has "general boundaries" under section 60 of the Land Registration Act 2002. The red line on the title plan shows the approximate position of the boundary on Ordnance Survey mapping, not a precise surveyed line. At the scale of most plans, the line itself can represent a strip of land wider than a fence.

So the title plan will not settle an argument about whether a fence sits 10cm too far one way. Where the exact line matters, an owner can apply to HM Land Registry for a determined boundary, which needs a surveyor's plan and notice to the neighbour. Only a court or the First-tier Tribunal (Property Chamber) can decide a disputed boundary.

The "good side faces out" myth

There is a widely repeated idea that the posts and rails always face the owner, with the smooth side facing the neighbour, so you can tell who owns a fence by looking at it. It is a courtesy many installers follow, and some deeds or estate covenants require it, but it is not a rule of law and does not prove ownership. Fences are replaced, turned round and put up by whichever neighbour was keener. The same goes for the belief that you own the fence on your left as you face the house from the road.

Evidence of who has actually paid for and maintained a fence over many years can be relevant in a dispute, but it is evidence, not proof.

When the deeds say nothing

Very often there is no clause and no referenced T-mark. Then:

• Neither neighbour is usually obliged to put up or maintain a fence between gardens, unless a covenant says otherwise. Exceptions include some requirements to keep livestock in.
• A fence on the line is best treated as shared. Agree before you replace it.
• If you want a new fence and your neighbour does not, you can put one up entirely on your own land, just inside the boundary. It is then yours.

Boundary agreements

A boundary agreement is a short written agreement between neighbours recording where the boundary runs and who owns or maintains the fence. It can be noted on both titles at HM Land Registry, so it helps future buyers too. It cannot be used to transfer land. Changing the line itself needs a proper transfer. A solicitor or surveyor can draft one. Even a signed letter and plan kept with your deeds is better than nothing.

Practical steps before a new fence goes up

1. Get both title registers and plans.
2. Talk to your neighbour and agree who owns the boundary, who pays and which way the fence faces.
3. Photograph the old fence line and post positions before it is removed.
4. Ask the installer to set new posts in the same line, not further over.
5. Check the height rules: 2m in most back gardens and 1m next to a road. See how high can a garden fence be?

What a replacement costs

Indicative West Midlands prices at 1.8m high, supply and fit, waste included:

As a worked example, 15m of featheredge at 1.8m on concrete posts, with the old fence removed, comes to about £1,700–£2,400. Sharing the cost with a neighbour halves that. See the fence cost per metre guide, and our pages on a new fence and fence repair. If a panel or two has gone rather than the whole run, a repair may be enough. For privacy on top of an existing fence, see trellis and screening.

We pass your enquiry to one local specialist, who confirms a fixed price after seeing the site or photos.