Who is responsible for fixing the fence at my property?

When buying or owning property, one common question is: who is responsible for maintaining the boundary features, such as fences or walls? The answer is not always straightforward.

Land Registry title plans show general boundaries only. They are based on Ordnance Survey maps and do not define the precise legal boundary. This means that the actual position of a fence or wall may differ slightly from what appears on the plan. It’s always advisable to inspect the physical boundaries yourself to understand their condition and placement.

Sometimes with recently constructed properties the developer may have set out repairing obligations in respect of boundaries but more commonly that is not the case.

Responsibility for maintaining a boundary is not automatically assigned by law. Unless the title documents contain specific covenants or agreements, there is no definitive rule stating who must repair or replace a fence. In practice, responsibility may be inferred from historical maintenance, physical layout, or informal agreements between neighbours.

Protocol forms used during property transactions—such as the Property Information Form—often indicate how boundaries have been maintained in the past. However, these forms are not legally binding and do not create obligations. They simply reflect the seller’s understanding or experience.

Importantly, there is no legal requirement to enclose land in England and Wales. A property owner is not obliged to erect or maintain a fence unless doing so is necessary to prevent nuisance—for example, to stop animals from straying onto neighbouring land. In such cases, the duty arises from the need to avoid causing harm or inconvenience to others, not from a general obligation to enclose.

If clarity is needed, neighbours can enter into a formal boundary agreement or seek legal advice. In some cases, a boundary dispute may require resolution through mediation or legal proceedings.

Understanding your boundaries and responsibilities helps avoid future disputes and ensures good neighbourly relations. If you have concerns or need assistance, we’re here to help.

Our expert team can assist you if you have any questions, contact us on 020 7940 4060 or send us an email at mail@anthonygold.co.uk.