Firstly, check your title deeds. You are looking for reference to a historical conveyance or a more recent transfer that has a plan attached with an inward facing ‘T’ mark. The end of the ‘T’ is deemed to be on the boundary line the property it is located within owns. There may also be reference to the boundaries of the property being party boundaries and these are repaired and maintained at the joint expense of the parties who share the boundary.
Secondly, if the title deeds don’t provide the answer, the general presumption in law is, the owner on the side of the fence which has posts or struts, owns and is responsible for repairing that fence. However, some neighbours will put a fence the other way round (in this case, see the third point). If a wire fence in a treeline is on the other side of those trees, you could presume that the responsibility for that boundary is yours.
In the case of a wall, the boundary is likely to be immediately on the side of the wall furthest away from the garden of the owner who put it up.
Finally, there is the practical position where responsibility can be obtained by the very act of carrying out maintenance to the boundary, at your cost. For example, you put up a new fence on the boundary and your neighbour allows you to do so, you have then essentially taken responsibility for its repair. However, in practice, the legal position, as stated in the title deeds, will always take precedence.
If you wish to discuss this further, please do not hesitate to contact Anna Dunn by email: ald@cooperburnett.com or tel: 01892 515022
This blog is not intended as legal advice that can be relied upon and CooperBurnett LLP does not accept any responsibility for the accuracy of its contents.
This blog was originally published in the Tunbridge Wells Business Magazine: www.twbusinessmagazine.com
