Who owns this fence?

Before you replace a fence on a boundary, it's worth knowing whose it is. It decides who pays, whether you need your neighbour's agreement, and whether you can simply build your own just inside your boundary. The answer is often on your title plan, and when it isn't, there are sensible next steps.

Where the answer usually is

1. The title plan. HM Land Registry's plan for your home sometimes shows a small "T" against a boundary. The side the T points into usually shows who is responsible for it. A T on both sides means it's shared.
2. The deeds or the transfer. The register may include a covenant saying who must put up or maintain a fence, often copied from the original developer's transfer.
3. The history. Without either, who built it and who has always repaired it is the best evidence you have.

Getting the title register and plan online from HM Land Registry costs a few pounds each.

Myths worth ignoring

• "The good side faces out." There's no such rule. Owners often put the smooth side facing the neighbour, but it proves nothing.
• "The posts show whose it is." They don't.
• "I have to have a fence." Usually you don't, unless your deeds say so.

If it isn't recorded

Many title plans only show "general boundaries", with no ownership marks. The simplest fix is to agree it with your neighbour, and you can record that with HM Land Registry as a boundary agreement. If you can't agree, mediation costs far less than going to court.