The neighbour’s fence is falling into my garden – what can I do? This is actually quite a common issue. It’s a problem that most homeowners will have to deal with at some point, especially if you live in a row of terraced houses and share fences with your neighbours on both sides.
These situations are never easy, unless you already have a fabulous relationship with your neighbour…But if you don’t, then I’ve sought out advice from legal and insurance experts to help with the fence rules you need to know.
‘A damaged or falling fence can create big problems, from safety and security risks to neighbourly disputes and costly repairs,’ says Kara Gammell, home insurance expert at MoneySuperMarket.
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I’ve outlined some of the questions that come up in this situation and the experts’ advice on how to tackle this issue.
1. How to approach a fallen fence with your neighbour
Whether it’s a fence issue or another garden feature that causes neighbour disputes, diplomacy from the off is key.
‘Take photographs of the falling fence, and make notes of dates so you have a record of the damage,’ suggests Richard Barker, horticultural expert and commercial director at LBS Horticulture.
‘Before taking matters into your own hands, it’s important to establish who is responsible for the fence and any repairs. This can help avoid unnecessary legal issues and future tensions between you and your neighbours,’ Kara advises.
2. How to check ownership/boundary proof
‘It’s worth noting that the fence doesn’t always belong to the property on the side it appears to be standing on,’ shares Kara. ‘Fence ownership isn’t automatically determined by which garden the fence is facing or who paid for it originally.’
‘On property title deeds, ‘T’ marks will show who owns the boundary,’ says Richard. ‘However, in the UK, property owners have a legal responsibility to fix or maintain a fence unless it is stated in the deeds. You should avoid trying to push or fix the fence without the permission of your neighbour if it is considered their legal property.’
You can also access title deeds through the Land Registry.
3. How to resolve this issue if it gets tricky
If you’ve approached kindly, explained the situation and have proof that the fence is on their side then try to keep the conversations practical rather than assigning blame.
‘Explain what damage you’ve noticed with the photographic evidence, and discuss possible repair options, this is more likely to resolve the issue than an argument,’ suggests Kara.
‘If your neighbour disputes ownership, double check your property’s legal documents and fully establish what they actually say before making assumptions,’ Kara adds. ‘It’s important to note that if the boundary itself is disputed, fences can be moved over time so don’t rely solely on the position of the existing fence, as it may not accurately reflect the legal boundary.’
If the above gets you nowhere, then you can try a mediation service. The Royal Institute of Chartered Surveys (RICS) run a boundary disputes mediation service with the Property Litigation Association, you can find the information here.
UK Mediation offers confidential meetings and joint sessions for both parties and Effective Dispute Solutions provide fast-track boundary and neighbour mediation.
‘If the fence is leaning or collapsing in a way that poses a safety risk, you may need to contact your local council’s Building Control team to report it as a dangerous structure,’ advises Richard. ‘You will need to provide photos, the location and an explanation, but the council will only act if it risks public safety.’
4. Do they legally have to replace/repair it?
‘If the fence belongs to your neighbour and there is no legal agreement requiring them to maintain it, unfortunately they don’t have an obligation to replace it because it is old or unattractive. However, if the condition of the fence is causing damage to your property, the situation becomes more complicated and seeking professional advice may be appropriate,’ advises Kara.
In terms of repair or removal if the fence is officially theirs, there are things to consider, Kara explains: ‘The most important thing is not to assume that you can repair, remove or replace a fence simply because it is falling into your garden. If the fence belongs to your neighbour, carrying out substantial work without their agreement could create a further dispute.
If you do agree to pay for or arrange the work yourself, it’s worth getting the agreement in writing beforehand, including who will pay, what work will be carried out and who will own the new fence. This can help prevent misunderstandings later on.
If a fallen fence causes damage to insured parts of your property, such as outbuildings, it may be worth checking your home insurance policy to understand what cover is available. Policy terms vary, so it’s important to review your documents carefully before making a claim.’
Fence maintenance kit
Forest Garden
Heritage Traditional Overlap Dip Treated 6ft Golden Brown Wooden Fence Panel, 1.83 x 1.8m
This is a good value, well made fence panel that comes in four heights. It has a straight-edge overlap design that will suit most gardens. There are four vertical battens on each side for extra strength and stability.
Swiftpost Store
Fence Panel Clips Pack of 20, Galvanised
These fence panel clips allow you to attach wooden fence panels, trellises and lattices to a post without the timber splitting. You can use them for 35, 45 and 50mm thick panels. They are galvanised for extra outdoor protection.
Cuprinol
Ducksback Autumn Gold Multi-Surface Exterior Shed and Fence Treatment Wood Paint, 5L
Give your fence panel a good coating of fence treatment paint – and the rest of the fence if it’s in need. This has a wax-enriched formulation that creates a water-repellent barrier against the elements and had a five year protection on wood.
If your neighbour’s fence is falling into your garden then follow our steps to hopefully get it resolved, diplomacy and a cool head is the most important start – good luck!
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