Who is responsible for a boundary fence in Oxfordshire?

In Oxfordshire and across England and Wales, fence responsibility is determined by property deeds and boundary agreements, not by left- or right-hand rules. Title plans and written deeds should be checked first.

Is there a legal rule about which side of the fence is mine?

No. There is no legal left-hand or right-hand fence rule. Fence responsibility depends on the wording in property deeds and supporting evidence.

Can I force my neighbour to fix their fence?

In most cases, no. Neighbours are not legally required to maintain a fence unless the deeds specify responsibility or the fence poses a genuine safety risk.

What can I do if my neighbour refuses to repair their fence?

You can try a calm discussion, propose sharing repair costs, use mediation, or install your own fence just inside your boundary. Legal action is usually a last resort.

Who pays if a fence is damaged by a storm?

Usually the owner of the fence is responsible for repairs. If ownership is unclear, neighbours often agree to share the cost to resolve the issue quickly.

Does the Party Wall Act apply to garden fences?

No. The Party Wall etc. Act 1996 applies to masonry walls, not standard timber or concrete-post garden fences.

How to find out who is responsible for the fence

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There is a widespread myth that the fence on the left-hand side of a property is always the owner’s responsibility. This is not a legal rule and often isn’t true.

The correct way to check responsibility

You will usually need planning permission if any of the following apply:

The correct way to check responsibility

1: Review your property deeds (paper or digital)

2: Look for wording that assigns boundary responsibility

3: Check for T-marks on the title plan only if supported by written wording

4: If unsure, order:

Title Register (£7)

Title Plan (£7)
from HM Land Registry

5: If still unclear, a RICS chartered surveyor can provide a boundary opinion

Important:

Even if a fence is your responsibility to maintain, that does not necessarily mean you own the land beneath it.

Can you force your neighbour to repair or replace their fence?

In most cases, no.

There is no general legal obligation for a homeowner to repair or replace a boundary fence unless:

The property deeds specifically require it, or

The fence is genuinely dangerous

Your neighbour is legally allowed to:

Leave the boundary unfenced

Replace a fence with a hedge or wall

Do nothing at all

This can be frustrating, but it is lawful.

What usually works better than confrontation

Before assuming bad intent, consider that your neighbour may be:

Struggling with the fence repair costs

Lacking the ability to repair it

Simply unaware how bad it looks from your side

Practical steps to try first

Start with a calm conversation, not demands

Ask what their plans are, if any

Suggest a shared-cost solution (without accepting future responsibility)

Follow up in writing so there’s a clear record

Most fence disputes are resolved informally at this stage.

If the fence is leaning or becoming unsafe

If the fence is dangerous

You can:

Photograph the issue

Report it via your local council’s dangerous structure process

Councils usually act only where public safety is at risk (paths, highways, shared access)

They generally do not intervene in private garden disputes unless injury is likely.

If it’s not dangerous

Avoid touching or straightening it without permission

Do not remove panels or posts that aren’t yours

Consider mediation if damage continues

Your practical options if nothing changes

Option

What it means

Advantages

Downsides

Share the cost

Leave it

Build your own fence

Mediation

Agree to split repairs

Install one just inside your boundary

Do nothing

Independent help

Faster, keeps peace

Full control

No cost

Avoids escalation

You pay part

Slight space loss

Ongoing frustration

Small fee

Tip: Always confirm boundary lines before installing anything. Even small errors can trigger new disputes.

Garden fences vs party walls (important difference)

The Party Wall etc. Act 1996 applies only to:

Brick or masonry walls on a boundary

It does not apply to:

Timber fences

Panel fencing

Concrete posts and gravel boards

If your issue involves a solid wall, different rules apply.

Party Wall Guidance

Renters and landlords

If you rent:

Do not repair or replace fences without permission

Inform your landlord in writing

Include photographs

Landlords are usually responsible for exterior structures unless the tenancy agreement states otherwise.

A pragmatic approach

Boundary disputes are stressful and rarely worth escalating unless safety is involved. In many cases, paying for a solution — even when it feels unfair — can be cheaper and calmer than months of tension.

If you decide to install or repair a fence on your own land, make sure it is positioned correctly and built to a good standard so the issue doesn’t resurface later.

If your own fence needs attention, you can learn more about our professional fence repair and fence replacement services across Oxfordshire.