It is very important to know your rights if you are involved in a fence with a neighbor.
How do I know which side I have?
A boundary feature can be a fence, a wall, a hedge, a ditch, a piece of wire, or sometimes even the edge of a driveway.
The only way to know for sure who owns which side and to avoid disputes between neighbors is to consult the property plan or land registry.
In this, the T mark is used to indicate who owns the boundary and therefore who is responsible for its maintenance, say professionals in Jackson Fencing.
Larger projects tend to have some indication provided by the builder, but there are no hard and fast rules
People often think they are responsible for the left (or right) border wherever they live, but there is no legal basis for this.
You can check with HM Land Registry to see which boundary feature you are responsible for.
Families often can’t get the paperwork, but experts say they shouldn’t panic.
Homeowners can guess who owns the fence by checking where the rails are.
The pros say: “The fence typically faces the opposite side of your property, so your neighbor has the ‘good’ side.
“This is the safest way to face the fence, so there are no bars for anyone to use to get into your garden.
“This is then repeated with the neighbor on the other side to ensure each house has a ‘good’ and ‘bad’ side of the fence.”
Walls and fences are often built on the boundary owner’s land, with the edge of the wall marking the boundary.
While professionals agree that a look at the fence can give you a hint, it’s not foolproof — so you can’t be sure.
Fines and punishments
It is recommended to always check legal documents before making changes to avoid heavy fines.
There is no law that requires a neighbor to have the good side of the fence, so it is completely up to whoever owns the fence.
Fencing professionals suggested: “It may be worth selecting a double-sided panel with no ‘bad’ sides, as both sides look the same and the rails are hidden within the fence panel.”
If a boundary faces a road or path, you can install the panels with the tracks on the inside
But if it is installed outside, it can provide an “easy staircase for thieves to get into your garden”.
The Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association have set up a mediation service to help neighbors resolve disputes over their property boundaries without resorting to court action.
RICS also provides a list of surveyors who could help with boundary disputes.
If a dispute continues, it is ultimately a court that makes the decisions, but they do not like such disputes brought before them.
Changing a limit
If you want to change an existing boundary, such as replacing an old fence with a new one, we always recommend discussing it with your neighbor first and making sure everything is agreed.
Registered titles can help you reach an agreement, but only if this information has been added.
In terms of decorations on a fence, legal advisors recommended asking who actually installed it for the first time.
But they also urged caution before starting work on altering the fence without more certainty – as there is a danger of actually being prosecuted for criminal damage.
How tall should a garden fence be?
Fence height is measured from ground level, which can have an impact when, due to the slopes of the land, your garden may be at a higher level than your neighbours.
A garden fence can be up to 100m high, but you need to get planning permission if it is over 2m.
However, there are some complications with this.
If you are considering front garden fencing, restrictions dictate that fencing along a driveway can be a maximum of 1m or 3ft.
You would need to get planning permission to put a truss on a 2m fence.
But, if any plant you grow on that trellis exceeds 2m, you do not need to obtain a license to grow the plant.
This story originally appeared on The-sun.com read the full story
