When a garden fence breaks or falls into disrepair, the question of who’s responsible can quickly become a major source of tension between neighbours. Now, a property law expert has weighed in to explain exactly how homeowners can determine who owns which fence, and what happens when things go wrong.

“Most people assume they’re responsible for the fence on the left-hand side of their garden, but that’s actually a myth,” said a legal adviser from Petty Son & Prestwich, a London-based estate agency. “The only way to be sure is to check the property deeds.”

These deeds, often included with Land Registry documents, typically feature a small ‘T’ mark on the property plan to indicate fence ownership. “If you see a ‘T’ on your side of the boundary, that’s your fence.

"A double ‘T’, or an ‘H’ shape, usually means the fence is jointly owned,” the expert explained.

But in many older properties, the paperwork can be unclear. In these cases, assumptions may be made based on how the fence is constructed.

There’s a general presumption that whoever has the fence posts on their side owns the fence, but that’s not legally binding. Responsibility for repairs generally falls to the fence’s owner.

However, the legal adviser noted that things can get complicated.

“We’ve seen cases where someone has maintained a fence for so long that they end up legally responsible for it, even if the original ownership wasn’t clear. It’s rare, but it can happen.”

As for forcing a neighbour to fix a broken fence, the news may be disappointing. “There’s no law that says a person must maintain their fence, even if it’s in a terrible state,” the expert said.

“There’s not even a legal requirement to have a fence at all.”

In these situations, the best advice is to install your own fence. “As long as it’s on your land, you can erect a new fence right up against your neighbour’s, even if they’ve let theirs fall to bits,” they added. “The legal boundary is an invisible line, there’s no such thing as a ‘shared space’ between the fences.”

So before arguments begin, it’s worth checking your deeds and having a conversation with your neighbour.

“A little clarity can save a lot of conflict,” the lawyer advised.