Boundary confusion: Which fence is mine?

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So you've found a property you love; but have you confirmed your boundaries?

You should start by talking to the estate agent, vendor or previous landlord. If there is still no luck you may wish to ask your legal advisor.

But what if you still haven't been given a clear answer? Well you may need to instruct a surveyor that specialises in boundaries. In the worst case scenario you may need to gain a judgement from the courts and land registry tribunal.

The reason that understanding your boundaries is so important comes down to responsibilities and maintenance. Most garden fence damage is caused because of bad weather or deterioration from old age and doesn't normally fall down to someone's 'fault'. Therefore dependent on your relationship with your new neighbor you can ask them to pay towards the replacement.

However, should the damage be caused by your neighbors actions then they are entitled to pay for the damage to be fixed on a like for like basis.

One of the other common issues with boundary fences is raised when one neighbor would like to replace the existing fence with a higher one. The height of fencing is a matter of planning policy as such we recommend that you contact the local authority planning office prior to works commencing. As a general rule, fences in rear gardens are allowed to be up to 2 meters or 6 foot high.