Lawyer explains who is responsible if a fence between you and a neighbour needs fixing
Reach Daily Express July 31, 2025 09:39 AM

Whether strong winds caused your boundary wall to fall down, a tree broke your fence, or the boundary simply needs upgrading, repairs can often end up being very pricey. However, it can be tricky navigating who should pay for the damage, especially if you want to maintain a good relationship with your neighbour and avoid the costly legal route.

If one person obviously caused damage and you can prove it, the situation is a lot simpler. However, if a wall or fence just deteriorated over time, it gets slightly more technical. Joanne Ellis, a partner at Stephensons law firm who has acted for people in boundary disputes across England and Wales, told The Express what homeowners can do in these situations.

She said: "It is not a straightforward answer. The first port of call would be to make sure to work out why it's damaged or collapsed. So obviously, if somebody's actually caused damage to it, then it's going to be their responsibility to fix it - if you can prove it."

However, if the wall or fence needs renewing because it has become dilapidated over time, rather than a person damaging it, then the homeowners should look at the deeds of the property.

In this case, she explained: "Sometimes there's an indication in there as to who owns which fences. So, if it's a fence or a wall that you own, it's your responsibility to maintain it."

If it isn't clearly laid out in the deeds, homeowners will need to trace the structure's construction date.

The land law expert explained: "Sometimes there isn't that clear definition within the deeds, so the key then is to try and work out who put that structure in place initially and whether there was any agreement at the time."

Ellis added: "Lots of neighbours will just agree, you know, we'll put this fence together, and then that can give rise to a joint responsibility to maintain it. But, obviously, if it belongs to one person, then it's their responsibility."

Neighbours can get into disputes worth thousands of pounds, which can dwarf the cost of the original repair works, so she always advised people to try and settle it first without legal assistance.

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