After the hottest UK summer on record, rain is finally back in the forecast – much to our dry lawns’ delight. But as autumn arrives and the weather turns, our gardens may face a new set of challenges, including storm-damaged fences. So, who is responsible if your neighbour’s fence blows down?
While there's no blanket rule about neighbours splitting the cost of repairing or replacing a fence, understanding boundary responsibilities now could help avoid confusion – and potential disputes – when the next storm hits.
'Responsibility for maintaining a fence can depend on the deeds, previous agreements and who actually owns the boundary structure,' says Richard King, director and garden fencing expert at Dino Decking.
If a fence does blow down, the first step is establishing who is responsible, rather than assuming both neighbours will pay. Check your deeds and any existing agreements to establish who owns the fence.
'If the fence is jointly owned or both neighbours have agreed to share responsibility, then splitting the cost may be appropriate. It's worth checking the paperwork before agreeing to pay for work, particularly if the repair or replacement is going to be expensive,' adds Richard.
What should you do if a neighbour refuses to share the cost of a fence?
If there is no clear obligation for your neighbour to contribute, you can’t make them pay simply because the fence sits between your properties.
You also can’t legally force a neighbour to pay if they own the fence and refuse, unless a legally binding, signed agreement was already in place.
'It's easy to assume that because a fence separates two gardens, both homeowners have to pay for it. That's not necessarily the case,' says Richard.
'If you do agree to share the cost, it's sensible to agree the price, type of fence and who will arrange the work before anything starts. Putting that agreement in writing can prevent disagreements later.'
Always speak to your neighbour first to try to reach an agreement and avoid a dispute.
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