IT is very important that you know your rights if you are in conflict with a neighbor in a fence.
How do I know which side I own?
A boundary element can be a fence, wall, hedge, ditch, piece of wire or sometimes even just the edge of a driveway.
The only way to know for sure who owns which side and to avoid disputes between neighbours is to consult the property plan or the Land Registry.
The T-sign is used here to indicate who owns the border and therefore who is responsible for its maintenance, say professionals at Jackson’s Screens.
For larger developments, some indication is usually given by the builder, but there are no hard and fast rules
People often think that they are responsible for the left (or right) border of the place where they live, but there is no legal basis for this.
You can ask the Land Registry which boundary element you are responsible for.
Often households cannot get the paperwork together, but experts say there is no reason to panic.
Homeowners can guess whose fence it is by looking at where the fence rails are located.
Professionals say: “The fence is usually placed the other way so that the neighbors see the ‘good’ side.
“This is the safest way to install a fence because there are no railings for someone to climb into your yard.
“This is then repeated with the neighbour on the other side to ensure that each house has both a ‘good’ and a ‘bad’ fence side.”
Often walls and fences are built on the land of the boundary owner, with the edge of the wall marking the boundary.
While professionals agree that looking at the fence can give you an idea, it is not foolproof, so you can’t be sure.
Fines and penalties
It is advisable to always check the legal documents before making any changes to avoid high fines.
There is no law that says the neighbor has to get the good side of the fence, so the choice is entirely up to the fence owner.
Professional fence installers have suggested the following: “It may be worth selecting a double-sided panel with no ‘bad’ side, as both sides look the same and the bars are hidden within the fence panel.”
If one of the borders is adjacent to a road or footpath, you can install the panels with the rails on the inside
But if installed on the outside, it can provide an “easy ladder for burglars to enter your garden”.
The Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association have set up a mediation service to help neighbours resolve disputes over the boundaries of their property without having to go to court.
RICS also provides a list of surveyors who can assist you with boundary disputes.
If a dispute continues, it is ultimately the judge who makes the decision. But he does not like it when such disputes are brought before him.
Changing a border
If you wish to change an existing boundary, for example by replacing an old fence with a new fence, we recommend that you discuss this with your neighbours first and ensure that you are in agreement.
The registered titles can help you reach an agreement, but only if this information is added.
When it comes to decorations on a fence, legal advisors recommend inquiring as to who first put up the decoration.
But they also urged caution before they start adjusting the fence without being more certain themselves, as there is a risk that they will actually be prosecuted for criminal vandalism.
How high can a garden fence be?
The height of the fence is measured from ground level. This can be important if your garden is higher than your neighbours, for example due to slopes in the ground.
A garden fence can be up to 100 metres high, but for a fence higher than 2 metres you need a permit.
There are some complications, however.
If you are considering installing a fence for your front garden, there are restrictions: fences along a driveway may be a maximum of 1 metre high.
You will need a building permit to put a trellis on a 2m fence.
If a plant you grow on the rack is longer than 2 meters, you do not need to apply for a permit.
