Check who owns a fence and the height rules

Find out who legally owns each boundary fence and how tall you can build one without planning permission.

AB-01Gather your paperworkFind your original title deeds if you have them, or order official copies from HM Land Registry online. Also pull together any old surveys, fencing agreements or solicitor's letters from when you bought the house. Keep everything in one folder so you're not hunting for it later.

1 each · Title register copy (from HM Land Registry)

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1 each · Title plan copy (from HM Land Registry)

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1 each · Ring binder or folder

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AB-02Check the title plan for T marksLook at your title plan for a small letter T against a boundary line. A T mark on your side usually means you're responsible for that fence or wall. If there's no T mark on either side, ownership isn't formally recorded and you'll need other evidence to work it out.

AB-03Look at how the fence is builtCheck which side the fence posts and support rails (arris rails) face. Custom says the posts usually sit on the owner's side, with the smooth, finished face turned towards the neighbour. This is only a common building habit, not a legal rule, so don't rely on it alone.

AB-04Check for boundary agreements or covenantsRead through your deeds for any separate boundary agreement, covenant or clause mentioning fence ownership or maintenance. A signed agreement like this is legally binding and overrides guesswork or T marks.

AB-05Talk to your neighbourIf ownership is still unclear after checking the paperwork, ask your neighbour what they understand about the boundary. If you agree, put it in a short signed letter and keep a copy each. This avoids arguments later if the fence needs repairing or replacing.

1 set · Paper and pen for a written agreement

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AB-06Check the height rules before building or raising a fenceUnder permitted development rules, a boundary fence can normally be up to 2m high without planning permission. If it's next to a road used by vehicles, the limit drops to 1m within 2m of the highway. Measure from ground level on the highest side of the fence.

RULES

1 each · Tape measure

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KNOW THE RULES

This is a genuine permitted development limit under planning law. Rules can differ slightly between England, Wales and Scotland, so check with your council's planning department if you're near a road or unsure of the measurement point.

AB-07Check for extra restrictionsIf your home is in a conservation area, is listed, or your deeds contain a covenant limiting fence height or style, extra rules may sit on top of the standard height limits. Contact your council's planning department before building higher than 1m near a road or 2m elsewhere.

RULES

KNOW THE RULES

Listed buildings and conservation areas often carry tighter controls than standard permitted development rights. Confirm with your local planning authority before starting any work.

AB-08Record your findings and keep them safeWrite a short summary of what you've found: who owns each boundary and the maximum height allowed. Take dated photos of the current fence for reference. Store this with your deeds so it's easy to find if you sell the house or a dispute comes up later.

1 each · Notebook or printed summary sheet

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