Severe storms such as those recently witnessed across the UK can come with all sorts of inconveniences.
One of the most common of these issues is damage to fences which can be as severe as the structure being blown away altogether.
When it comes to repairing fences, one issue which affects those living in residential areas is that of who owns it and where the property line is.
Who is responsible for repairing a garden fence during a storm in the UK?
According to the solicitors over at BP Collins, a “common misconception” is that “everyone owns the boundary to the left of the property.”
Speaking of which fence people are responsible for in the UK, they add: “In fact, there is no general rule to dictate which boundary is owned by a property owner.
"The legal position is that you are only obligated to maintain a boundary structure where the deeds to the property show a repair or maintenance covenant to that effect.”
How can I tell if a fence is mine?
Speaking of how homeowners can tell if a fence is theirs during a dispute over who has to repair it after a storm, the solicitors said: “When looking at the title plan to the property, if it has a ‘T’ mark on your side of the boundary, you will be responsible for its maintenance.
"If the case is that two ‘T’ marks are connected, forming an ‘H’ mark, there will be a joint maintenance responsibility between you and the neighbour.”
#StormLilian has been named and is forecast to bring strong winds and heavy rain to parts of the UK tonight and on Friday morning
— Met Office (@metoffice) August 22, 2024
Stay #weatheraware pic.twitter.com/o7CazOHWQE
What if the property deeds don't say who owns the fence?
If the property deeds don't specify who owns a fence, the best way forward is to discuss this with your neighbour and come to an agreement.
It is advised that you have a solicitor if you go down this route to ensure the agreement is official as they can draw it up and have it registered with the Land Registry or Registers of Scotland.
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