Boundary disputes: who owns the fence?

A boundary is the invisible line that separates one owner's land from another's. Most people think they know where it is. Then a fence needs replacing, an extension is planned or a house is sold, and two neighbours remember the line differently.

HM Land Registry says most title plans do not show the exact legal line. That gap between what people assume and what is recorded is where most disputes come from. If you want to find where your own boundary is first, our property boundaries tool is the place to start. This page is about what to do when owners disagree.

GOV.UK says that in England or Wales there is usually no record of who owns the hedge, wall, tree or fence between two properties. So the honest answer to "who owns the fence?" is often "the records do not say".

Several beliefs are widespread and wrong:

• "The fence on the left is mine." HM Land Registry says there is no rule that the fence, wall or hedge on the left or right of a property belongs to that property owner.
• "The posts show who owns it." The side the posts or rails sit on is not a reliable guide. Land Registry guidance says the idea that fence construction shows ownership has no legal foundation.
• "Whoever maintains it owns it." HM Land Registry says being responsible for maintaining a fence does not necessarily mean you own it.
• "The red line is the exact boundary." It is not, as above.

Where ownership or maintenance cannot be worked out, HM Land Registry's guidance says the boundary is generally best regarded as a party boundary, meaning one the neighbours share.

Hedges can move over time, which makes the original line hard to work out. For a hedge and ditch, HM Land Registry's guidance describes a presumption that the boundary runs along the edge of the ditch furthest from the hedge or bank. It applies only to man-made ditches. It does not apply if it can be shown the ditch is natural. A presumption can be rebutted by other evidence, so it is a starting point, not an answer.

1. Collect the facts. Look at your title register and title plan, any older deeds you hold, and the answers the seller gave when you bought. Take dated photographs.
2. Talk to your neighbour early. HM Land Registry's blog on boundaries recommends this. Many problems come from nobody having asked.
3. Aim for a practical agreement first. For example, agree who replaces a fence and who pays. Put it in writing.
4. Record the line if you can agree it. GOV.UK says you can make a boundary agreement with your neighbour, or apply for a determined boundary, which shows the exact line. A boundary agreement alone does not prove that the legal boundary is where you both said it is.
5. Try mediation. HM Land Registry says mediation may help you avoid court or tribunal proceedings, which can be very costly. It notes that RICS offers a boundary disputes mediation service.
6. Take advice. If the disagreement is about the legal line, you will need a solicitor or surveyor.

A boundary problem can hold up a sale. Buyers' solicitors ask the seller standard questions about boundaries and neighbour disputes, as Citizens Advice describes. If you are selling, answer them accurately. If you are buying, check the title plan against what you see on site, and ask your solicitor to raise anything that does not match.

Our property check before buying a house shows where boundaries fit among the other checks.

This page is general information for England and Wales, not legal advice. Scotland and Northern Ireland use different systems.