Who Owns My Garden Fence?

Who owns my garden fence is a common question in property law and unfortunately due to the value of a fence it is often  uneconomically viable to seek legal advice*. Below is a guide of thumb to help identify who owns your garden fence.

First you must check the title documents for specific rights of ownership or maintenance, these would usually be in the form of covenants and their location outlined with a ‘T’ on the Title Plan or historical deed plans.

If the ownership of the fence is not outlined within the title documents, it is then derived using rules of thumb. If one party (assuming this to be a fence dividing 2 plots) maintains the fence on a regular or sustained basis, they (and their titled property) would be deemed the owners of such a fence.

In the case that neither party has maintained the fence (as is often the case and the ownership dispute exists to enforce maintenance, please see Fence Maintenance) then the rule of thumb is that the side of the property on which the fence posts lie upon.

Relevant Documents:

Title Register

Title Plan

Title Deeds

See Also:

Fence Maintenance

Fence Ownership

What is a Restrictive Covenant

Boundary dispute

*this is clearly not the case if the fence has effects another rights such as easements, covenants or the fence position is leading to Possessory title.