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Title deeds · HM Land Registry
Updated June 2026

🧱 Which fence is mine?

With conditions
Quick answer

There's no automatic left/right rule, and how a fence is built doesn't prove who owns it — you find out from your title deeds or Land Registry plan. The idea that "you always own the fence on the left," or that the side with the posts and rails is yours, is a myth with no legal basis. The authoritative source is your title deeds / HM Land Registry title plan: look for a 'T' mark on your side of a boundary, which means that boundary is your responsibility; an 'H' mark (two T's) means it's a joint boundary. Title plans show only "general boundaries," so they don't prove the exact legal line. Crucially, there's usually no duty to fence at all unless a covenant in the deeds requires it — a neighbour can't force you to repair or replace. In short: check the deeds; often no one is obliged.

📋 The rules

  • No left/right rule — it has no legal basis
  • Check title deeds / Land Registry plan for 'T' marks
  • A 'T' on your side = your responsibility; 'H' = joint
  • Plans show general boundaries, not the exact line
  • Usually no duty to fence unless a covenant says so

🔓 Exceptions

  • A masonry wall on the line is a 'party fence wall' (Party Wall Act, E&W)
  • Covenants or deed obligations can impose a duty to maintain
  • Agricultural/livestock land can create a duty to fence

⚠️ Penalties & fines

There's no "fine" — this is about responsibility, not penalties. Useful costs: a Land Registry title plan or register download is £3 each (official certified copies £7 online); recording a determined boundary or boundary agreement carries a Land Registry fee (commonly around £40 per applicant) plus surveyor costs, and a contested boundary dispute can run into thousands. On height: a fence needs no planning permission up to 2m, dropping to 1m next to a highway used by vehicles, measured from natural ground level. Beware a myth: "you always own the fence on the left," or "the side with the posts is yours" — both are false; ownership is settled only by deeds, 'T' marks, a boundary agreement or a determined boundary. (Scotland and NI use different registers and have no Party Wall Act.) To find out: download your title plan from GOV.UK and look for 'T' marks.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

Which fence am I responsible for?

There's no rule that you own a particular side, such as the left. To find out, check your title deeds or HM Land Registry title plan for boundary 'T' marks: a 'T' on your side of a boundary means it's your responsibility to maintain. An 'H' mark, formed by two T's, means the boundary is shared and maintained jointly.

Does the side with the posts show ownership?

No, that's a myth. The way a fence is built — which side has the posts, rails or the 'good' side — has no bearing on who legally owns or must maintain it. Ownership and responsibility are determined by the title deeds, any 'T' marks, a boundary agreement, or a formally determined boundary, not by construction.

Do I have to repair or replace a fence?

Usually not, unless a covenant in your deeds expressly requires it. There's generally no legal duty to put up or maintain a boundary fence, and your neighbour can't force you to do so. If the deeds are silent, neither owner may be conclusively responsible, and a fence may simply be left as it is.

How do I check my boundary?

Download your title plan and register from HM Land Registry via GOV.UK, for a small fee of around £3 each, and look for 'T' marks indicating responsibility. Remember that title plans show only general boundaries, not the precise legal line. For a definitive line, you can apply to record a determined boundary, usually with a surveyor's help.

How high can my fence be?

In general, a fence can be up to two metres high without planning permission. Next to a highway used by vehicles, the limit drops to one metre. Heights are measured from natural ground level, and any trellis on top counts towards the limit. Different rules can apply in conservation areas or to listed buildings.

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