Fencing in Kirkcudbright

When it comes to fence ownership and responsibility, this is often a subject of dispute between neighbours and understandably so. Owning a fence comes with a number of responsibilities such as arranging and paying for the maintenance and more. Therefore, if you’re not yet sure who owns the garden fence, then you’d probably want to have that sorted to make sure your property stays protected at all times. In this post, we’re going to give you an insight into some of the rules guiding fence ownership in order to help you make informed decisions. Let’s take a look!

There’s no rule of thumb on whether you own the fence on the right hand or the left hand side of your property. Therefore, if you’ve heard any “rules that states otherwise, you can fling that out the window because not everyone will own the left hand side to their fence. The first way to determine who owns the garden fence or which side of the fence you’re responsible for is simply by looking. Although this is not guaranteed or a definite way to determine ownership, it can go a long way to give you a good idea. As you would have expected, fences are most likely built on the land that belongs to the boundary’s owner with the further edge of the fence making the actual boundary. As a result, you can determine a fence ownership simply by identifying where the frames are.

Also, you can determine fence ownership using the title deeds for an official and accurate answer. A copy should be given alongside your paperwork which is received when purchasing your house.

It’s a good idea to talk to your neighbours before you start any work to avoid confusion along the way. But if the fence is definitely your responsibility and on your property, there’s no legal obligation to notify them. It’s also a myth that you need to erect a fence with the flush side without posts facing your neighbour’s property.

Speaking to the owners of the neighbouring properties is recommended. If you are still unsure, you may need to check the original deeds to the property. Generally the rule is that you are responsible for the fence at the right hand side of your property.

If there’s a fence dividing yours and your neighbour’s properties that needs maintaining or replacing, you’ll want to know who owns it. Start by checking your deeds to see if there’s an existing boundary agreement. If there isn’t, have a chat with them to see if you can come to an arrangement yourselves.