A homeowner has been left feeling frustrated after their neighbour asked them to replace their shared fence, arguing it’s in ‘a poor state’ – but what are their legal responsibilities?
No matter how well you might get on with your neighbours, there are certain topics that may cause some tension between households. This becomes especially common if you share things such as garden hedge, fences, or driveways.
Because of this, it’s important to know your rights as a homeowner, including which neighbour has responsibility over garden fences. This was one question one specific homeowner had, as they turned to Reddit’s ‘DIY UK’ forum seeking guidance after a neighbour requested they replace their shared fence, claiming it was in ‘a poor state’.
“After gauging my non-receptive reaction, he eventually offered to pay half. He’s currently having his garden done up,” the user wrote in their post. They went on to explain that they weren’t in a financial position to consider contributing towards a replacement fence, and argued they couldn’t see the necessity for one regardless.
“I think the fence is fine and definitely not in urgent need of replacement,” they said, sharing a photograph of the wooden fence in question, which appeared to be in decent condition, aside from some fading in the wood.
They then sought advice on how to handle the situation. However, having viewed the images of the fence, the majority of fellow Reddit users felt there was no real justification for replacing it.
One user wrote: “Fence looks fine, if the neighbour wants something different they’re welcome to put up their own fence on their side of yours. Sounds to me like they want to halve their cost of getting a new fence.”
“It’s your fence, if they don’t like it cover it with something they like, their side of the boundary,” a second person remarked, while a third added: “Unless the posts are wobbly there’s nothing wrong with it. Neighbour can stick their own fence up on their side.”
Who is legally responsible for a garden fence?
Garden fences are a frequent source of conflict between neighbours, particularly when it comes to repairs or replacements, with most rows centring on who bears legal responsibility. This largely depends on which side of the boundary line the fence sits on.
The answer can be found in the deeds and title plan for your property. If you don’t have these to hand, you can obtain a copy from the Land Registry.
You may spot a ‘T’ marked on one side of the boundary. This symbol indicates who is responsible for any maintenance required. If it appears on both sides of the boundary (resembling an ‘H’), this means both parties share joint responsibility. However, these symbols aren’t always present, which can make things considerably more complicated.
In such cases, a general rule of thumb is that whoever originally erected the fence will be responsible for its upkeep. A neighbour is only legally obliged to repair a fence under a handful of specific circumstances outlined in The Party Wall Act 1996.
These include:
- if it poses a safety risk
- if it creates a boundary hazard
- if it is mandated by your specific property deeds or local laws
If your neighbour is legally responsible for maintaining the fence, you’ll need to seek their permission before making any changes to it, including hanging items on it or painting your side.
It’s worth noting that in the UK, there is no legal obligation to have fencing between neighbouring gardens, except in certain specific circumstances, such as properties bordering railways.
Should you find yourself struggling to resolve a boundary or fencing dispute with a neighbour, the best course of action is to seek advice from a boundary surveyor or solicitor, as they will be best placed to help you reach an agreement with your neighbours.



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