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Lawyer confirms who must fix broken fence between you and your neighbour
Reach Daily Express | May 11, 2026 5:40 PM CST

If your partition fence breaks at home, it is quite often tricky and awkward to figure out who is responsible for footing the bill, especially if you get on well with your neighbour. It's no secret that disputes can spiral quickly, like the pair who got into a £250,000 row over the placement of an outdoor tap, and the woman who threatened to chain herself to a hedge over a boundary dispute.

So to help keep your neighbourly relationship intact, the Express spoke to Joanne Ellis, a partner specialising in land law at Stephensons law firm, to understand how to avoid the time-consuming and expensive legal route.

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Having acted for people in boundary disputes across England and Wales, she explained there are two different scenarios. If one person clearly caused the damage and you can prove it, the situation is much simpler.

She said: "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."

But, it is not always straightforward. If you cannot prove it, or a wall or fence just deteriorated over time, you should look at the deeds of the property.

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 the owner isn't clearly stated in the deeds, you will need to trace it back to when the fence was constructed.

"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," she continued.

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

If it is still not clear, she advised people to try and settle it first, without legal assistance. The disputes can cost thousands of pounds, which can dwarf the cost of the original repair works.

She emphasised: "I think the key is talking to your neighbour before it all really gets out of control, getting advice and checking your deeds. I often say to people, you just need to accept that and move on, because the cases can just be really, really expensive."


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