Fences and boundaries
A guide for home owners
www.amicushorizon.org.uk
Fences and boundaries – a guide for home owners
Is there a general requirement to have a
fence?
What can I do when my neighbour won’t
repair his fence?
There is no general obligation in law to fence in
any land.
You generally can’t force them to repair. There is
no general obligation in law to maintain fences.
Even if you can find a transfer document which
states your neighbour is responsible for keeping
that fence in good repair it may cost more than
a new fence to enforce this covenant.
There are specific instances where the law does
require fences are erected. These are usually
related to safety and include:
„„ Alongside railways: Railways Consolidation
Act 1845
So what can I do?
„„ Speak to your neighbour and see if there is a
compromise
„„ Around disused mines: Mines and Quarries
Act 1954
„„ Plant free standing shrubs or a hedge to
conceal the fence from your view
„„ Around building sites adjacent to highways,
both road and path: Highways Act 1980
„„ Erect your own fence alongside your
neighbour’s fence.
„„ To prevent livestock from straying from their
fields: Animals Act 1971.
When is there a requirement to have a
fence?
A conveyance deed or a transfer deed may
include a covenant requiring the purchaser
to fence the land and for them and their
successors in title to forever maintain the fence.
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For information contact the Home Ownership Team:
Tel: 0800 121 60 60
Email: [email protected]
Fences and boundaries – a guide for home owners
How high a fence can I put on my boundary?
What if deeds of the property are silent?
You need to check with your local planning
office. As a broad rule, fences in rear gardens
are allowed to be up to two metres high and
one metre high in front gardens. In general,
more than that needs planning permission.
Check the information given to you by the
vendor at the time you bought your property.
Who owns which fence? Is it true that every
house owns the fence on its left side, as you
look at it from the street?
The smooth side of the fence does not have to
face the neighbour (though it’s normal that the
posts stand on the land of the fence’s owner
Sadly, there is no general rule about who owns
which fence.
If you’re unable to establish ownership the
only thing you can do is discuss with your
neighbours and agree who will maintain what.
It is sometimes possible to infer who is
responsible for a fence by establishing the
pattern of fence ownership along the same side
of the street (but see below).
When the original seller of the land breaks up
the land into smaller parcels they may assign
ownership of the fences. If they do they will
identify in the conveyance deed (or the transfer
deed).
If I know a fence is not mine what can I do to
it?
The short answer is nothing. You can only hang
things on it, paint it or fix it if your neighbour
gives permission. If you do anything without
permission it could constitute criminal damage.
The conveyance deed (or the transfer deed)
may say, in words, who is responsible for the
boundaries. If it doesn’t then the plan may show
a T-mark to show who is responsible.
If responsibility for the boundary is shared
(for example, in the case of a “party fence
wall”) then an H-mark (effectively two T-marks
mirrored on the boundary line) is generally used.
End of terrace properties may be responsible
for both sides of a fence.
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For information contact the Home Ownership Team:
Tel: 0800 121 60 60
Email: [email protected]
Fences and boundaries – a guide for home owners
Can I make my neighbour reduce the height
of their fence if their garden is on higher land
than mine?
Their fence needs to be the height limits set by
the local planning team, usually two metres for
a rear fence. The height will be measured from
the ground on which it stands, not from the
level of the ground on your side of the fence.
You need to remember if your neighbour was to
reduce the height of his fence then you would
find there was an issue of privacy within your
garden as your neighbour would easily see over
the top of such a low fence.
What if I am a leaseholder?
The rules above will apply to the fences around
the communal area at your development.
The fences will belong to the landlord/
freeholder.
If the fences need to be repaired then the
charges will be passed through the service
charge account.
If a neighbour’s fence is an issue we will try to
contact them to discuss as detailed above.
Repairs for storm and flood damage to fences
are not covered under the building insurance
but you can claim if they are vandalism.
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For information contact the Home Ownership Team:
Tel: 0800 121 60 60
Email: [email protected]