Garden boundary line rule myth that could land you huge bill

For decades many people who have a garden have operated on a ‘rule’ about boundary lines passed down from generation to generation.

The rule, often agreed between neighbours, says that if you have a garden which backs onto your neighbour’s garden on either side – ie, is separated by a boundary line, usually marked out by a fence or hedges – that you are responsible for the boundary to your left.

Therefore, the boundary on the right of your garden would be looked after by the neighbour on your right, while you’d look after the neighbour on your left, and he/she would look after the neighbour on their left, and so on.

But according to HM Land Registry, this isn’t actually true, and is in fact a myth.

It means that you could actually end up owing your neighbour a lot of money to repair or replace anything on the boundary line like a fence that you thought you could wash your hands of.

The government’s HM Land Registry blog explains the issue.

It says: “ A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway. They can be the cause of heated debate and trigger arguments between neighbours, sometimes over just a few inches of ground.

“In my experience, the boundary can often become the weapon of choice when neighbours have fallen out over something such as noise, pets, parties, or BBQs when the washing is out.

“People often think they are responsible for the left (or right) hand boundary wherever they live, but there isn’t any legal basis for this. Sometimes deeds lodged with us when we first register the property may have information about it, in which case it may be mentioned in the register. In a lot of cases though, the deeds make no mention.

“If you want to change an existing boundary, such as replacing an old fence with a new one, we always recommend discussing with your neighbour first and making sure it is all agreed. The registered titles can help you to reach an agreement, but only if this information has been added.”

Boundary disputes can lead to vicious arguments between neighbours which can even end up in court.

If you find yourself in this situation arguing the toss about who’s paying for a new fence, you can contact the The Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association, which have created a mediation service for warring neighbours.