Who owns the fence? Boundaries, heights and planning

Finding out who owns a fence

Start with the title register and title plan for your property, which you can download from HM Land Registry for a small fee if you do not have them. The register sometimes includes a covenant saying which boundaries the owner must maintain. Older deeds and the original transfer from the developer can contain the same information, often shown as a T mark on the plan.

A T mark drawn on the inside of a boundary line usually means the owner of that side is responsible for the fence. An H mark, or a T on both sides, suggests a shared boundary. These marks are a useful guide, but they only mean something if they appear in your legal documents, and many plans have none at all.

Common myths about fence ownership

There is no law saying you own the fence on your left, or that the good side must face your neighbour. Which way the posts face is a builder's convention and proves nothing about ownership. Title plans from the Land Registry also show general boundaries only, so the red line is not an exact measurement of where the fence should stand.

• Left or right hand rule: not a legal rule
• Posts on the owner's side: a convention, not proof
• Title plan line: a general boundary, not an exact position
• Whoever paid last time: useful history, not ownership

When nobody knows

If the documents say nothing, the fence may be treated as shared, or you may simply agree with your neighbour who will look after it. Writing down what was agreed saves arguments later. You do not normally have to put up a fence at all unless your deeds require it, but you are responsible for keeping a fence you own safe. If you want a new fence and the old one is your neighbour's, you can put up your own just inside your boundary, though talking first is always better.

How high can a fence be?

In England, fences, walls and gates come under permitted development, which means you can usually build them without applying for planning permission as long as they stay within certain heights. A fence can be up to 2m high in most places, such as along the side and back of a garden. Where it is next to a highway used by vehicles, or the footpath of such a road, the limit is 1m. That is why front garden fences beside the pavement are often low.

Height is measured from the ground level next to the fence. On sloping ground, or where one garden is higher than the other, it is worth asking the council how they will measure. Trellis fixed on top of a fence counts towards the total height.

Do I need planning permission for a fence?

You will need permission if the fence goes over those heights, and you may need it in other cases too. If the house is a listed building, or the fence is within its grounds, listed building consent is needed. Some estates and conservation areas have conditions or an Article 4 direction that removes permitted development rights, so even a normal height fence needs an application. If in doubt, check with your council before ordering materials.

The Party Wall Act applies to masonry garden walls on a boundary, known as party fence walls, not to ordinary timber fences.

Before work starts

Tell your neighbour what you plan and when, especially if posts need digging out from their side or panels need passing over. Agree whether the old fence is coming down and who keeps or disposes of it. Then get a quote: the fence installation cost guide explains what drives the price.

Need it sorted? Book fence installation

Once you know where the line is and how tall the fence can be, see fencing for how CRF installs and replaces garden fences around Rochester and Medway. Send photos and the rough length through the contact page for a written quote.

Frequently asked questions

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