Responsibility for boundary features
Boundary features are structures that separate one property from another. This may include a fence, wall, hedge, ditch or some other feature such as a wire or even a change in the landscape such as the edge of paving.
Boundary features can be a source of conflict, as they may straddle both properties, and there may be dispute about the condition of the boundary feature, its position or responsibility for it. Despite this, there is no specific law defining who owns boundary features. It is sometimes believed that a property owner is always responsible for the boundary features on the left of their property, but there is no legal basis for this.
Property deeds may include agreements about ownership of, or responsibility for, boundaries, although these do not generally give any great detail, and are not always clear or accurate.
Title drawings may include T marks or H marks. In this case, T marks appear on the side of the party responsible for the boundary. H marks (that is, T marks on both sides of the boundary) indicate there is joint responsibility.
However, even where there is such documentation, the position on the ground may have changed, making it unclear where the boundary is now, or who is responsible for a boundary feature. For example, neighbours may have both erected fences within their own property, but then one of them may have taken theirs down – giving the impression that the boundary is now running along the line of the remaining fence.
Other presumptions can be made. For example that fence posts, or wall piers are on the side of the party that is not responsible for it, as the owner is likely to prefer the 'clean' side. This may generally be true, but it need not necessarily be the case.
If a new boundary structure has been erected, it might be presumed that it is within the land of the party that erected it, and that they are responsible for maintaining it.
If the position is not clear, the most sensible course of action is to discuss it with the neighbour and try to reach agreement. It is then possible to draft a boundary agreement with the neighbours so that the position is formalised. It may be necessary to seek the advice of as surveyor that specialises in boundary issues, or to seek legal advice to assist in drafting such an agreement.
If agreement cannot be reached, it is possible to take action in the courts, although this is not advisable.
NB: The Party Wall etc. Act 1996 grants the owner of a property the legal right to undertake certain works that might otherwise constitute trespass or nuisance, and protects the interests of adjoining owners from potentially adverse effects of such works. For more information see: Party Wall Act.
[edit] Related articles on Designing Buildings
- Adjoining buildings definition.
- Adjoining owner.
- Basement excavation.
- BREEAM Hard landscaping and boundary protection.
- Building an extension.
- Building boundary.
- Curtilage.
- Derogation from grant.
- Fence.
- Line of junction notice.
- Neighbour dispute.
- Palisade.
- Party Wall Act.
- Party wall surveyor.
- Preventing wall collapse.
- Right of support.
- Site of a building.
- Statutory approvals.
- Statutory authorities.
- Trespass.
- Wall types.
Featured articles and news
Deputy editor of AT, Tim Fraser, discusses the newly formed society with its current chair, Chris Halligan MCIAT.
Barratt Lo-E passivhaus standard homes planned enmasse
With an initial 728 Lo-E homes across two sites and many more planned for the future.
Government urged to uphold Warm Homes commitment
ECA and industry bodies write to Government concerning its 13.2 billion Warm Homes manifesto commitment.
Places of Worship in Britain and Ireland, 1929-1990. Book review.
The emancipation of women in art.
CIOB Construction Manager of the Year 2025
Just one of the winners at the CIOB Awards 2025.
Call for independent National Grenfell oversight mechanism
MHCLG share findings of Building Safety Inquiry in letter to Secretary of State and Minister for Building Safety.
The Architectural Technology Awards
AT Awards now open for this the sixth decade of CIAT.
50th Golden anniversary ECA Edmundson awards
Deadline for submissions Friday 30 May 2025.
The benefits of precast, off-site foundation systems
Top ten benefits of this notable innovation.
Encouraging individuals to take action saving water at home, work, and in their communities.
Takes a community to support mental health and wellbeing
The why of becoming a Mental Health Instructor explained.
Mental health awareness week 13-18 May
The theme is communities, they can provide a sense of belonging, safety, support in hard times, and a sense purpose.
Mental health support on the rise but workers still struggling
CIOB Understanding Mental Health in the Built Environment 2025 shows.
Design and construction material libraries
Material, sample, product or detail libraries a key component of any architectural design practice.
Construction Products Reform Green Paper and Consultation
Still time to respond as consultation closes on 21 May 2025.
Resilient façade systems for smog reduction in Shanghai
A technical approach using computer simulation and analysis of solar radiation, wind patterns, and ventilation.