Boundary Maintenance – Who has Responsibility?

By Paul Stone

Licensed Conveyancer

Residential Property Solicitors

27 May 2025

Insights News

You’ve settled down for a nice evening to watch the latest Netflix craze, when out of the blue, a storm brews outside threatening to shake the foundations of your house and test the flood capacity of your street’s drainage. Suddenly, you hear an almighty crack as the fence separating your back garden from the neighbours suddenly takes flight, and although you may have always had a reasonably good relationship with your neighbour, a question is raised to repair the wayward fence – who has responsibility?

To answer this query, one would typically consult the Land Registry and paperwork held in their digitised archives. Although the Land Registry keeps a definitive record of land ownership and related rights, it does not usually draw exact fence-to-fence boundaries, therefore the following is instead used to determine boundary ownership:

–           Title plans (based on Ordnance Survey data) showing general boundary lines.

–           Title deeds describing covenants which may explicitly mention boundary maintenance obligations.

–           Land Registry rules which defer precise boundary location to the parties or separate surveys through a legal and procedural framework.

Below, I have explained how the above three points can be used to determine boundary location and duties of maintenance.

Title Plans

In determining the extent of boundary ownership, title plans are indicative and not conclusive. They show approximate boundary lines but carry a disclaimer thar the ‘plan is for identification only’ and ‘accuracy is not guaranteed’. Therefore, owners may need a detailed survey to settle exact boundary locations in disputes. It is further worth noting that title plans are not typically used to define boundary responsibility, unless the deeds themselves refer to the title plan itself.

Covenants

Some deeds, which may be in the form of Transfers or Conveyances noted on the deeds, held at the Land Registry include covenants requiring one party to maintain a specific boundary. Such covenants are typically written as ‘Party A shall maintain the north boundary fence’ or ‘Party A shall maintain the boundary marked with an inward facing ‘T’ mark on the Plan’. As such covenants run with the land, they have no expiry and therefore bind successors in title (i.e. they become the responsibility of new owners).

It is worth bearing in mind however, that even if deeds state that a boundary is the responsibility of a particular owner, a neighbour may not have the legal right to compel them to repair or maintain it. Accordingly, you should assume that in practice you may have to bear the cost of maintaining and repairing all the boundaries

In absence of express terms in the deeds, the general rule is that adjoining neighbours share responsibility for boundary structures, typically though a 50/50 split (this is sometimes referred to as a ‘Party Wall’). This arises through common law principles and local practice and not directly through Land Registry entries.

Land Registry Rules

In referring to specific Land Registry rules, this refers to the legal and procedural framework that requires title plans to be approximate, prescribes how boundary related obligations are registered, and sets procedures for correcting or clarifying boundaries when disputes arise.

When a dispute arises, such as a disastrous storm upsetting your evening in, neighbours first need to check their deeds and associated plans. If a covenant specifies maintenance obligations, that document should provide a starting point.

However, if the exact boundary line is unclear, a chartered surveyor can measure the physical features and produce a precise plan, which may help to and may certify ownership of a boundary.

It may also be the case that some fences are repaired by agreement. If the neighbours share liability, they can split costs equally. A polite conversation (or a formal letter) referencing the survey or covenant often settles matters. If in the event an agreement fails, parties can seek legal advice.

Although Land Registry documents rarely nail down the millimetre perfect position of every boundary, they provide the framework through title plans and covenants for neighbours to sort out who pays for the next storm induced fence repair. In practice, a conversation with your neighbour may help more than any surveyor’s measurement. However, it’s always advisable to seek legal advice on the matter.

If you have any questions regarding the contents of this article, you can contact Taylor Walton’s residential property team here. They would be happy to assist you with any issues or queries you may have.

Disclaimer: General Information Provided Only
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.