If your neighbour won’t fix their garden fence, what can you do?
Last reviewed: November 2025 • Applies to England & Wales
If your neighbour’s fence is in a poor state of repair it can really spoil your enjoyment of your garden, as well as causing privacy issues. So what can you do?
Quick summary
- Check who owns the fence. Look at your property deeds or buy your title register and plan from the Land Registry (£7 each as of Dec 2024).
- There’s no automatic legal duty for a neighbour to maintain a fence. You can’t force them to repair it unless it’s legally classed as dangerous.
- Dangerous or collapsing fences can be reported to your local council via GOV.UK’s “Report a dangerous structure” form.
- If the neighbour won’t act, you can agree to share costs or install your own fence on your side of the boundary.
- For disputes, use mediation or a RICS-registered surveyor before considering legal action.
Let's look at this topic in greater detail. Please note, boundary and property law differs across the UK. This guidance applies to England & Wales.
1. Who Owns the Fence?
There’s a common belief in England and Wales that the fence on the left-hand side is yours, but that’s not a legal rule. It also doesn’t help when responsibility for the rear fence is in question! Neighbouring properties may have had completely different boundary responsibilities identified when the houses were built.
How to Check Fence Ownership (Step-by-Step)
- Find your property deeds - paper or digital copy.
- Look for “T-marks” and any wording assigning responsibility. This is sometimes marked with “T-marks” on deeds, but these only matter if the deed text itself confirms them.
- Order official copies of your Title Register and Title Plan from the HM Land Registry (£7 per document).
- Compare both neighbours’ plans if possible.
- If the wording is unclear, consider asking a RICS chartered surveyor for a professional boundary report.
Remember, even if a T-mark points towards your property, that usually means you’re responsible for upkeep, not that you own the land underneath the fence.
If the fence is your neighbour’s responsibility…
Take some time to consider your options before you approach your neighbour, as you might decide that your neighbour’s solution is aesthetically worse than the current problem!
2. Can I force my neighbour to repair or pay?
In most situations, no. Unless the existing fence is causing a safety hazard on your side, there’s very little you can do to force your neighbour to repair or replace it if they don’t want to. There’s no general legal obligation to maintain or replace a garden fence unless the deeds specifically require it.
Your neighbour can legally choose to leave a boundary open, or replace a fence with a hedge, a wall or even a piece of string!
Money could be an issue, or perhaps your neighbour doesn’t have the skills to repair the fence or install a new one. If you’re prepared to put up with an eyesore for the foreseeable future you can, at this point, stick to the principle that the fence isn’t your responsibility and decide to do nothing. While this may give you some satisfaction in the short term, it’s unlikely to give you much long-term comfort.
What you can do
- Talk first. A friendly approach to ask what their plans are for the fence may prompt them to finally get around to a job they've been putting off. Most fence issues are solved through calm discussion
- Propose a cost-share agreement. Make it clear to them, though, that you’re not assuming future responsibility for this boundary fence. When the fence needs maintaining in the future, it’s down to them or successive owners of their property.
- Offer a written proposal. Keep copies of letters or emails.
- If unsafe, the council can step in, but only where the fence endangers people on public land or highways.
- Last resort: install a new fence inside your boundary, at your own expenswe, keeping the original one untouched.
3. If the fence is leaning dangerously or collapsing
First establish whether a leaning or collapsing fence is merely awkward and unsightly, or if it poses a safety risk.
If a fence leaning towards a public path, highway, or your own property pose a danger, you can:
- Contact your local council’s Building Control team through GOV.UK: “Report a dangerous structure.”
- Provide photos, location, and explanation.
- Councils usually act only if it risks public safety, not just because it’s unsightly or leaning between gardens.
If there is no imminent risk to safety, you can:
- Write politely to your neighbour describing the problem and offering to discuss options.
- Avoid touching or straightening the fence without permission - it’s technically their property.
- If it damages your land or plants, you may have a trespass or nuisance claim, but legal action should be a last resort.
- If you can’t agree, use RICS boundary mediation before escalating.
4. Practical options if they won’t fix the fence
| Option | Summary | Pros | Cons |
|---|---|---|---|
| Split the cost | Offer to share materials or labour | Keeps the peace; quick fix | You pay part of the cost |
| Replace on your land | Install your own fence just inside your boundary | Full control; tidy result | Slight loss of garden space |
| Live with it (for now) | Safe but unsightly fences could last years | No cost | Ongoing frustration |
| Mediation | Independent mediator or surveyor helps agree terms | Prevents escalation | Small fee |
Tip: Always confirm boundary lines before putting up your own fence or wall. Putting a new fence even a few inches over the boundary can trigger fresh disputes.
5. Party wall vs. garden fence - the difference
Don't confuse garden fence responsibilities with party walls. The Party Wall etc. Act 1996 covers party walls or party fence walls (brick or masonry structures that straddle a boundary).
It does not apply to normal timber or concrete-post fences. If your dispute involves a solid wall, read the official Party Wall guidance (GOV.UK).
6. Tenants and landlords
If you rent, don’t repair or replace a boundary fence without your landlord’s permission. Landlords are normally responsible for exterior structures unless your tenancy agreement says otherwise. Keep them informed in writing and include photographs.
Neighbour's fence FAQ (Quick Answers)
Can I force my neighbour to repair their fence?
No. There’s no general legal duty to maintain a boundary fence. Try a written cost-share, mediation, or install your own fence inside your boundary. If a fence is genuinely dangerous to the public, contact your council’s Building Control team.
My neighbour’s fence is leaning into my garden - what can I do?
Photograph the problem, write politely, and propose safe repair or replacement. Don’t alter their fence without consent. If damage continues or the boundary is disputed, consider a RICS surveyor or mediation before legal action.
Which side is my fence?
There’s no “left-hand rule.” Check your deeds. T-marks help only if the deed wording assigns responsibility. If unclear, order your title register and plan from HM Land Registry and compare both neighbours’ documents.
Who pays if a storm damages the fence?
Usually the owner of that fence. If ownership is unclear, a cost-share is the quickest fix. Insurance may cover damage to your own property; it won’t make a neighbour repair their fence.
Does the Party Wall Act cover timber fences?
No. The Party Wall etc. Act 1996 covers party walls or masonry party fence walls, not typical timber fences with posts and panels.
How do I report a dangerous fence?
Use your council’s “dangerous structure” route via GOV.UK. Councils prioritise risks to the public highway or shared public areas. For garden-to-garden issues, try agreement or private contractors first.
How much do Land Registry documents cost?
£7 per digital copy (title register or title plan). Check wording in the deed; T-marks alone don’t prove ownership without supporting text.
Why it’s best to be pragmatic
While it might annoy you to pay for something you consider is your neighbour’s responsibility, it’s best to be pragmatic in a situation like this. Falling out with them is likely to prove even more stressful; pursuing legal channels is only really an option when your neighbour’s fence is causing a safety hazard.
Some compromise may be worth the cost of maintaining neighbourhood harmony, and at least you’ll be able to enjoy a tidy garden once more.
If your own fence has seen better days, find out more about our fence repair services.
