Checking ownership
Steps to help determine who owns a dividing fence:
- Review your title deeds for any express boundary or maintenance clause
- Ask your neighbour to check their deeds for the same clause
- Note who built the current fence and who has maintained it
- Check which side any support posts face
- Consider whether the fence has historically been treated as shared
- Get written agreement with your neighbour if ownership is genuinely uncertain
Planning considerations
Replacing or heightening a fence can, in some circumstances, require planning permission depending on height and location, so it is worth checking the exemptions under the Planning and Development Regulations 2001 (as amended) and your local authority's guidance before carrying out works, regardless of who owns the fence.