Solicitor shares only way to tell who owns which side of the fence to stop neighbour rows

Understanding the regulations surrounding garden fences can prove difficult and often leads to significant problems for property owners. Boundary disputes can spark heated arguments over ownership rights, maintenance duties, and even planning permission requirements when alterations are planned.

To resolve any confusion about fence ownership, Matthew Cotton, Solicitor and specialist in dispute resolution at Hedges Law, has shared everything you need to know. The ownership of a fence represents "one of the most common questions in neighbour disputes," the expert claimed. He debunked the widespread misconception that each property automatically owns a specific side of any garden fence.

Matthew stated: "It's very important to remember that there is a difference between ownership of the fence (i.e., who it belongs to), and the obligation to maintain it (i.e., who must repair or replace it). The answer will often be found within the title deeds to the properties involved."

In the deeds, the T mark is used to indicate who the boundary belongs to and, therefore, who is responsible for its upkeep.

Experts at Jacksons Fencing claimed that if households can't find the paperwork, the rails can typically indicate who owns a fence.

They said: "Typically, the rails on a fence are installed facing into the property, giving the neighbour the 'good' side of the fence.

"By doing this, it adds a layer of security as there are no rails on the outside of the property for someone to use to climb the fence.

"This is usually repeated with the neighbour on the other side to ensure that each home has a 'good' and a 'bad' side of the fence."

However, this isn't always the case, so it is always good to check legal documents before making any changes.

Plus, it's also worth noting that the fence may not be positioned at the same location as the legal boundary, which represents "another issue entirely", claimed Matthew.

Another common cause of neighbour disputes that Matthew offered advice on is overhanging branches. Owners of land are allowed to prune branches which overhang into their property up to the boundary line.

However, before doing this, Matthew urged gardeners to speak to their neighbour about their intentions - especially if there may be a question about where the boundary exists.

He warned: "Pruning or lopping off the branches of another person's tree or plant, which then causes damage, could lead to a costly property damage claim.

"Plus, technically speaking, you should offer the pruned branches to the owner of the tree when cut (and not throw them back over the fence)."