What the law says about who has to replace garden fences (Image: PA)
Storm Eowyn has left a trail of destruction across the UK on Friday with power cuts, travel disruption, cancelled flights and damage to homes thanks to 100mph winds.
And every time storms hit the UK, one of the first casualties in terms of collateral damage is the fencing in people’s gardens.
Insurance companies as this is not covered in home insurance policies.
So that means you could be left footing the bill if your gets damaged, destroyed or goes missing entirely and needs to be repaired or replaced.
And when your is shared between neighbouring properties, it can quickly descend into arguments over who has to stump up the cash.
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There’s a common belief over the existence of a ‘fence to the left’ rule, which would mean that homeowners are each responsible for the fence on the left-hand side of their garden.
But this is a myth, and the reality of who has to pay is more nuanced.
Comparison website Compare The Market says: “There’s a common belief that the fence to the left, as you look at your garden, is your responsibility. However, this won’t always be the case.
“The fences themselves may also give you a clue. Garden fences typically have a good side (the smooth side with no posts) and a bad side (the side with extra posts). If the good side faces into your garden, it’s usually yours. But again, this might not always be the case.”
In fact, the best way to find out is by diving into your property’s deeds, which you should have been given when you completed your house purchase.
Legal firm Pettyson & Prestwhich says: “The best place to look when trying to answer the age-old question, ‘Which fence is mine?’, is with your deeds.
“Your property deeds will include a scale plan which highlights the boundary lines by way of a symbol resembling a ‘T’ (sometimes referred to as a ‘T-mark’).
“This T symbol represents ownership of the or wall that is in place.
“On occasion, adjacent properties will have joint ownership of a wall or .
“This will be represented by two of the aforementioned T symbols joining together to form a kind of elongated H (H-mark). These are commonly referred to as party walls or fences.”
But there are times where deeds are very old, and in these cases the ownership won’t be as clear.
Damage to garden fences is not covered by home insurance (Image: PA)
The firm adds that in these situations, something called ‘presumptions’ takes effect.
They added: “Almost all deeds for modern properties will have boundary ownership clearly marked, but older deeds may not. In cases where boundary ownership is not clear, something called ‘presumptions’ comes into play.
“In terms of , the presumption is that fence posts will be placed on the owner’s land. This means the owner will usually have the back of the fence, where said posts are showing, facing them.
“When it comes to determining which fence you own, one thing is certain: you can’t rely on the common misconception that the fence to the left of your property is the one you own. Always check your deeds.”