Neighbour wants me to replace fence even though it’s fine

No matter how much you may love your home and its location, a big part about feeling comfortable in your own property is how well you get along with your neighbours. This will be especially important if you share things like garden fences or driveways.

But sometimes, disputes may happen, and this was the case for one homeowner, who took to Reddit’s ‘DIY UK’ forum to ask for advice after one of their neighbours had asked them to replace their shared fence, arguing it’s in ‘a poor state’. “After gauging my non-receptive reaction, he eventually offered to pay half. He’s currently having his garden done up,” the user explained in their post.

They continued to explain that they aren’t a position to consider paying to replace the garden fence, but argued that they couldn’t see the need for it at any rate. “I think the fence is fine and definitely not in urgent need of replacement,” they explained, sharing a photo of the wooden fence in question, which appears to be in good condition, barring some fading in the wood.

They went on to ask for advice as for what to do about the situation. But having seen the photos of the fence, most other Reddit users saw no need for the fence to be replaced.

One user commented: “Fence looks fine, if the neighbour wants something different they’re welcome to put up their own fence on their side of yours. Sounds to me like they want to halve their cost of getting a new fence.”

“It’s your fence, if they don’t like it cover it with something they like, their side of the boundary,” a second person said, while a third wrote: “Unless the posts are wobbly there’s nothing wrong with it. Neighbour can stick their own fence up on their side.”

Who is legally responsible for a garden fence?

Fences often cause disputes between neighbours, especially when it comes to repairs or replacing them, with most disputes coming down to who is legally responsible for them. This all comes down to which side of the boundary lines the fence is located on.

This will be stated on the deeds and title plan for your property. If you don’t have these, you can get a copy from the Land Registry.

You may notice a ‘T’ on one side of the border. This symbol indicates who is responsible for any maintenance that may need to take place. If it is shown on both sides of the boundary (which can look like a ‘H’), this means both parties (you and your neighbour) are jointly responsible. But these symbols aren’t always present, which can make the process trickier.

Instead, another general rule is whoever put up the fence in question will be the one responsible for its upkeep. The responsible neigbour is only legally required to fix a fence in a few specific circumstances under the The Party Wall Act 1996. These include:

• if it poses a safety risk
• if it creates a boundary hazard
• if it is mandated by your specific property deeds or local laws

Meanwhile, if your neighbour is legally responsible for maintaining the fence, you’ll need to ask permission before making any alterations, including hanging things on it or painting your side of it. In the UK, there is no legal requirement to have fencing between neighbouring gardens, except in some special circumstances such as properties next to railways.

If you’re struggling to solve a boundary or fencing dispute with a neighbour, the best cause of action is to contact a boundary surveyor or solicitor for help, as they will help you reach a agreement with your neighbours.