Boundary fence rules in England

Which boundary fence is mine, and who pays for it?

Usually you cannot look it up: in England and Wales there is usually no record of who owns the fence between two properties. HM Land Registry says the left-hand rule has no legal basis, and neither has the idea that the posts face the owner.

Your deeds decide it when they mention the boundary, often with a T mark, so start with the title register (£7) and the title plan (£7) for your own house and for your neighbour's.

Where the papers say nothing, HM Land Registry regards the fence as a party boundary that should only be altered or replaced by agreement. Nothing I read gives one neighbour the right to make the other pay half. Height is the one thing with a hard number: 2 metres without planning permission, 1 metre next to a road used by vehicles.

The free check covers extensions and loft conversions. A fence on its own falls under the height rules further down this page.

Whose fence is it

There is usually no record of who owns the fence.

In England and Wales there is usually no record of the exact boundary, or of who owns the hedge, wall, tree or fence between two properties. GOV.UK, Your property boundaries, OverviewThe source says: "If you live in England or Wales, there's usually no record of: the exact boundary between two properties who owns the hedge, wall, tree or fence between 2 properties"

The left-hand (or right-hand) rule does not exist.

HM Land Registry says there is no legal basis for the idea that you are responsible for the boundary on the left or on the right. HM Land Registry blog, Drawing the line on boundariesThe source says: "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."

The side with the posts proves nothing.

The way a fence is built, such as which side the posts and rails face, has no legal foundation as proof of ownership. Practice guide 40, supplement 3, section 8The source says: "There are various notions that the way a wall or fence is constructed indicates ownership, for example that the posts and arris rails of a fence are on the owner's side. There is, however, no legal foundation for such beliefs."

What a T mark on the deed plan means.

A T mark that the deed refers to is normally a statement about who owns a boundary structure or who has to maintain and repair it. Practice guide 40, supplement 3, section 8The source says: "An entry referring to a 'T' mark is normally a statement concerning the ownership of a boundary structure or the liability to maintain and repair it."

A duty to maintain is not ownership.

Deeds can oblige someone to maintain a wall or fence, but that covenant on its own does not make them the owner. Practice guide 40, supplement 3, section 8The source says: "Deeds may contain covenants to maintain a wall or fence but on their own, such covenants do not confer ownership."

When nobody can tell: treat it as shared.

Where ownership or the duty to maintain cannot be determined, HM Land Registry says the feature is best regarded as a party boundary, and altering or replacing it should only be done with the agreement of the adjoining owners. Practice guide 40, supplement 3, section 8The source says: "Where the ownership or responsibility for maintenance of a boundary cannot be determined, that boundary feature is generally best regarded as a party boundary. Any alterations or replacement of the boundary should only be done with the agreement of the adjoining owners."

So the order is: read the papers first, then talk. The title register and the title plan cost £7 each as an online copy and £11 each as an official copy (GOV.UK, Get information about property and land: search the register). Buy your neighbour's as well. Their deeds can mention a boundary that yours are silent about.

Who pays for it

If the fence is yours.

If your fence is safe and your legal documents say nothing about repairing it, it is up to you whether you do what your neighbour asks. Citizens Advice, If you own the wall or fenceThe source says: "If the wall or fence is safe and there's nothing about repairing it in your legal documents, it's up to you whether you do what your neighbour's asking."

If the fence is your neighbour's.

Your neighbour does not have to change their fence because you want them to, and you cannot change your side of it, painting included, without their permission. Citizens Advice, If your neighbour owns the wall or fenceThe source says: "Your neighbour doesn't have to change a wall or fence just because you want them to, for example making it higher for privacy. You can't make changes to your side without their permission, such as painting it."

Sharing the cost is a compromise, not a rule.

Citizens Advice suggests sharing the cost of a new fence panel as a compromise; it does not describe it as something you can demand. Citizens Advice, Try to find a solution with your neighbourThe source says: "It's often best to find a compromise, for example sharing the cost of a new fence panel. It could help you to keep a good relationship and will probably be cheaper than paying a solicitor to resolve the disagreement."

I looked for a rule that lets you bill your neighbour for half a fence and did not find one in any of these sources. The deeds can make one of you responsible. Where they are silent, who pays is whatever the two of you agree, and it is worth writing that down before anyone orders panels.

How high it can be

Up to 2 metres without planning permission.

A gate, fence or wall that is not next to a road may be up to 2 metres above ground level under permitted development. GPDO 2015, Schedule 2, Part 2, Class A, paragraph A.1(b)The source says: "the height of any other gate, fence, wall or means of enclosure erected or constructed would exceed 2 metres above ground level;"

Next to a road used by vehicles: 1 metre.

Adjacent to a highway used by vehicular traffic the limit is 1 metre above ground level. GPDO 2015, Schedule 2, Part 2, Class A, paragraph A.1(a)(ii)The source says: "the height of any gate, fence, wall or means of enclosure erected or constructed adjacent to a highway used by vehicular traffic would, after the carrying out of the development, exceed [...] in any other case, 1 metre above ground level;"

Replacing or repairing a fence that is already higher.

Maintaining, improving or altering an existing fence is permitted as long as it does not end up higher than it was, or higher than the limit that applies to a new one, whichever is the greater. GPDO 2015, Schedule 2, Part 2, Class A, paragraph A.1(c)The source says: "the height of any gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in paragraph (a) or (b) as the height appropriate to it if erected or constructed, whichever is the greater; or"

Listed buildings are excluded.

Within the curtilage of a listed building, or for a fence or wall surrounding one, Class A gives no permission at all. GPDO 2015, Schedule 2, Part 2, Class A, paragraph A.1(d)The source says: "it would involve development within the curtilage of, or to a gate, fence, wall or other means of enclosure surrounding, a listed building."

Your council can have removed the right.

The permitted development right for fences, walls and gates can be removed by an article four direction or a planning condition, so a newer estate or a conservation area can be stricter. Planning Portal, Fences, gates and garden wallsThe source says: "the right to put up or alter fences, walls and gates has not been removed by an article four direction or a planning condition."

These are planning limits, and they apply to England. They say what the council allows without an application. They do not settle anything between you and your neighbour: a fence of 2 metres is lawful in planning terms and can still be on the wrong side of the line.

Moving, replacing or taking it down

Taking a fence or wall down.

Taking down a fence, wall or gate needs no planning application under the same conditions. The Planning Portal adds one exception: in a conservation area you might need permission. Planning Portal, Fences, gates and garden wallsThe source says: "You will not need to apply for planning permission if you wish to erect a new; or alter, maintain, improve or take down* an existing fence, wall or gate if the following conditions are met:"

The fence is not the boundary.

HM Land Registry keeps two things apart: the legal boundary, an invisible line, and the physical boundary, such as a fence, which may or may not follow that line. Practice guide 40, supplement 3, section 2.2The source says: "A physical feature that we can see such as a fence, wall or a hedge, which may, coincidentally, also follow the line of a legal boundary. The legal boundary may run within the physical boundary structure but it might just as easily run along one particular side of the structure"

Moving the fence does not move the land.

A boundary agreement cannot be used to sell or give part of your land to your neighbour. GOV.UK, Your property boundaries, What a boundary agreement cannot doThe source says: "You cannot use a boundary agreement to sell or give away part of your land to your neighbour."

Replacing your own fence on your own land is the simple case. Anything else comes back to two rules from higher up: a fence that is your neighbour's is not yours to change, and a fence nobody can assign should only be altered or replaced by agreement. If the plan is to put the fence on a different line, settle the line first. That is what the boundary agreement below is for.

A wall instead of a fence

A wooden fence is not a party wall.

The Party Wall etc. Act covers a masonry garden wall astride the boundary, not wooden fences or hedges. The Party Wall etc Act 1996: explanatory booklet, party wall type AThe source says: "A wall is a "party fence wall" if it is not part of a building, and stands astride the boundary line between lands of different owners and is used to separate those lands (for example a masonry garden wall). This does not include such things as wooden fences or hedges."

Building a garden wall astride the boundary.

A wall built on the line between two properties falls under the Party Wall etc. Act 1996: you serve notice on the neighbour at least one month before the work starts. Party Wall etc. Act 1996, section 1(2)The source says: "If a building owner desires to build a party wall or party fence wall on the line of junction he shall, at least one month before he intends the building work to start, serve on any adjoining owner a notice which indicates his desire to build and describes the intended wall."

If the neighbour does not consent to that wall.

Without the neighbour's consent you may only build the wall at your own expense and wholly on your own land. Party Wall etc. Act 1996, section 1(4)The source says: "the building owner may only build the wall [...] at his own expense; and [...] as an external wall or a fence wall, as the case may be, placed wholly on his own land,"

That notice of one month comes from the same Act that governs an extension against a shared wall. What the surveyors cost when a neighbour dissents is on the party wall agreement page.

Putting it on record, and what that costs

Putting the answer on record.

You and your neighbour can make a boundary agreement that records the boundary and who is responsible for maintaining the hedge, wall, tree or fence. GOV.UK, Your property boundaries, Make a boundary agreement with your neighbourThe source says: "You and your neighbour can create a 'boundary agreement' to record: the boundary between 2 properties who's responsible for maintaining a hedge, wall, tree or fence between 2 properties"

• Recording a boundary agreement (form AP1): £40 (GOV.UK).
• Applying for a determined boundary (form DB), before the surveyor and the solicitor: £90 (GOV.UK). GOV.UK tells you to ask a chartered land surveyor to make the plan, and if your neighbour does not agree the application may be referred to a tribunal.

These are HM Land Registry fees, read on 20 September 2026. The surveyor and the solicitor come on top and I have no sourced figure for them, so I give none.

Hedges and branches on the boundary

Hedges and overhanging branches.

You can trim branches or roots that cross into your property, but only up to the boundary. GOV.UK, Resolving neighbour disputes: high hedges, trees and boundariesThe source says: "You can trim branches or roots that cross into your property from a neighbour's property or a public road. You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property."

A hedge is not a fence and has its own route: once you have tried to settle it informally, the council can look at a complaint about a hedge of two or more mostly evergreen or semi-evergreen trees or shrubs that is over 2 metres tall and spoils the enjoyment of your home or garden (GOV.UK). The council may charge a fee for that.

Sources, all opened on 20 September 2026: GOV.UK, Your property boundaries (the page shows no date); GOV.UK, Your property boundaries: make a boundary agreement with your neighbour (the page shows no date); GOV.UK, Your property boundaries: apply to record the exact boundary (the page shows no date); HM Land Registry, Practice guide 40: supplement 3, boundaries (Updated 1 June 2026); HM Land Registry blog, Drawing the line on boundaries (Posted 27 February 2018, updated 21 December 2023); The Town and Country Planning (General Permitted Development) (England) Order 2015, Schedule 2, Part 2, Class A (In force since 15 April 2015; no known outstanding changes); Planning Portal, Fences, gates and garden walls (the page shows no date); Citizens Advice, If you disagree with your neighbour about a wall or fence (Page last reviewed on 15 February 2018); Party Wall etc. Act 1996, section 1 (No known outstanding changes); GOV.UK, The Party Wall etc Act 1996: explanatory booklet (Published 12 May 2016); GOV.UK, Resolving neighbour disputes: high hedges, trees and boundaries (the page shows no date); GOV.UK, Get information about property and land: search the register (the page shows no date).