WHOSE  FENCE  IS  IT ?

    The only sure way of knowing who owns the physical feature used as a property boundary is if its ownership is stated in your title certificate or deeds of conveyance. It may be expressed in writing, but it is sometimes shown on the plan instead by a T-mark: this takes the form of a letter "T", repeated around the edge of the property, with the base of the "T" against the boundary and the whole of the "T" inside the property that owns the fence. If neither owner can find such evidence, then you cannot tell who owns the fence or is liable for its repair.

    The principle that "the tidy side of the fence faces the outside world whilst the structural or less attractive side faces its owner" cannot be relied upon to identify the owner. There is no law that I am aware of that says the structural side of the fence must face the fence's owner.

It is sometimes possible to infer who is responsible for a fence by establishing the pattern of fence ownership along the same side of the street.

What you should do
When the time comes to replace a decaying fence whose owner cannot be definitely identified, he who is willing to pay for the repairs is the one who dictates what the new fence will look like (within any constraints of planning regulations or restrictive covenants).

This page last updated 19 February 2001