With the exceptionally high winds the UK has been experiencing over the last day or so, many fences or small walls will have been blown over or even destroyed and often homeowners have no idea whose duty it is to replace or repair them.
In the first instance, the legal owner of the fence needs to be established, which can be done by checking the deeds to the property. On modern properties there is often a plan drawn to scale, which shows the boundaries. However, if the owner does not have a copy of the deeds, they can obtain one from the Land Registry or a solicitor.
Once a copy of the deeds has been found, homeowners should check the plans to see if there are any “T”s on any of the boundaries, as a “T” on the inside of the boundary line indicates the ownership and responsibility to maintain, whether that be a wall or a fence.
If the “T” is matched by another “T” on the boundary, so that it looks like an “H”, this shows the boundary to be a party wall or fence, which means joint responsibility for its maintenance.
If the deeds and plan do not give an indication of ownership then the homeowner is reliant on “presumptions”, which can be dangerous and in this instance it is probably best to consult a solicitor.
However, generally speaking, with regard to a wall, the boundary is likely to be on the far side of the garden wall because naturally it is presumed that the person who erected the wall would build it on his or her own land with its farthest side being the boundary.
Meanwhile, as regards fences, the presumption is that any posts will be on the owner’s side. Therefore he or she is responsible for maintaining the fence.