The short answer
Usually no. You are only responsible for maintaining the boundaries that your own title deeds allocate to you, typically shown by a T-mark pointing into your land. There is no general legal duty to maintain a fence that belongs to your neighbour. Importantly, in England and Wales there is also no general obligation to put up or repair a fence at all unless your deeds contain a specific covenant requiring it, or a special situation applies (such as keeping livestock in, or a railway or highway boundary). A neglected boundary is frustrating, but a neighbour cannot usually be forced to repair their own fence.
This question usually arises when a boundary fence is falling down and each neighbour thinks it is the other's job. The answer turns on what the deeds say and on a surprising fact: maintaining a fence is often not legally compulsory at all.
Responsibility at a glance
- Your dutyOnly boundaries your deeds allocate to you
- T-mark into your landThat boundary is your responsibility
- General duty to fenceNone, unless a deed covenant requires it
- Forcing a neighbour to repairRarely possible without a covenant
- Shared (H-mark) boundaryJoint responsibility
Responsibility follows the deeds, not goodwill
Responsibility for a boundary structure is allocated by the documents that govern your land. For most homes this means the Land Registry title register and title plan, plus the original conveyance. Where the title plan carries a T-mark against a boundary, the owner on whose side the T sits is normally responsible for that boundary. A joined double T (an H-mark) indicates a shared boundary that both owners maintain jointly.
So you are responsible for your neighbour's fence only if the deeds make that boundary yours, or if it is a shared boundary. If the T-mark points into their garden, the fence is theirs and you have no maintenance duty toward it. Goodwill, custom, or the fact that you can see the 'good' side of the fence does not change the legal allocation.
There is often no duty to fence at all
A point that surprises many homeowners is that English and Welsh law does not impose a general obligation to erect or maintain a fence between gardens. Limited liability of this kind only exists where it is created by something specific, such as:
- A covenant in the deeds expressly requiring the owner to keep a particular boundary fenced and in repair.
- A statutory or special duty, for example to fence off a railway, certain stretches of highway, or to contain livestock under the Animals Act 1971.
- An obligation arising from the original sale plan of an estate.
Absent one of these, a homeowner is generally free to let a fence that belongs to them fall down, or to remove it entirely, provided doing so does not breach a covenant or create a separate hazard. That is why a neighbour with a collapsing fence often cannot be compelled to fix it.
What you can and cannot do about a neighbour's neglected fence
If the dilapidated fence belongs to your neighbour and there is no covenant forcing them to repair it, your options are practical rather than legal:
- Ask politely, then in writing. Many disputes are simply a misunderstanding about who owns the boundary. A calm conversation, followed by a short note confirming what was agreed, resolves most cases.
- Offer to share or contribute. If the fence benefits you both, splitting the cost can be cheaper and quicker than years of friction.
- Put up your own fence on your own land. You can erect a fence just inside your boundary, entirely on your side, without your neighbour's consent (subject to height and planning rules). You cannot, however, repair or alter their fence without permission, as that would be trespass.
- Check for a covenant. If the deeds do contain a maintenance covenant, you may be able to enforce it, but this usually needs legal advice and is a slow route.
| Situation | Are you responsible? |
|---|---|
| T-mark points into your land | Yes — your boundary to maintain |
| T-mark points into neighbour's land | No — their boundary |
| H-mark / shared boundary | Yes — jointly with neighbour |
| Deed covenant requires you to fence | Yes — covenant overrides the general position |
| No T-mark, silent deeds | Possibly unclear — agree it in writing |
Who carries the maintenance duty in common scenarios. Source: HM Land Registry boundaries guidance.
When a neighbour's fence causes damage
A separate question arises if a neighbour's fence is not merely ugly but actually dangerous or causing damage. If a poorly maintained fence collapses onto your property, injures someone, or its posts encroach across the boundary, the law of nuisance and negligence may give you a remedy even where there is no maintenance covenant. For example, if a fence the neighbour owns falls and damages your shed, you may have a claim for the cost of the damage.
This is a different basis from forcing routine repairs. You cannot generally compel a neighbour to maintain a fence to a tidy standard, but you can pursue them if their property actively causes you loss or danger. These cases are fact-specific and usually warrant advice before any formal step, because the cost and stress of litigation often outweighs the value of the fence itself.
How to establish responsibility cleanly
Before assuming anything, confirm the position with evidence:
- Download your title register and title plan from GOV.UK (around GBP 3 each) and look for T-marks and any covenant.
- Find the original conveyance in your deeds bundle, which may describe boundary duties more fully than the modern register.
- Compare with your neighbour's understanding. Ideally both of you check your respective deeds, since the allocation should be consistent.
- Record any agreement in writing. A simple signed note about who maintains which boundary prevents the dispute resurfacing when the house changes hands.
Establishing responsibility from the documents, rather than from rules of thumb, is the quickest way to avoid a long-running and costly disagreement.
Frequently asked questions
Can I force my neighbour to repair their fence?
Usually not. Unless your neighbour's deeds contain a covenant requiring them to keep that boundary fenced and in repair, there is no general legal duty to maintain a fence, so they cannot normally be compelled to fix it. You can ask, offer to share the cost, or put up your own fence just inside your own boundary.
If the fence is shared, are we both responsible?
Yes. A shared or party boundary, usually shown by an H-mark (joined double T) on the title plan, is the joint responsibility of both owners. In practice that means agreeing how repairs and costs are split. Neither owner should alter a shared fence without the other's agreement.
Do I legally have to put up a fence between my garden and next door?
No, not as a general rule. There is no automatic legal obligation to fence a garden boundary in England and Wales. A duty only arises if your deeds contain a fencing covenant, or in special cases such as containing livestock or fencing off a railway or highway.
Sources & further reading
- GOV.UK — disagreements about property boundaries
- HM Land Registry — practice guide 40: boundaries
- Citizens Advice — problems with neighbours
Figures on this page are typical UK ranges drawn from published sources and depend on your specific garden. They are guidance, not a quotation.