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Who owns the fence between two properties?

There is no general rule that the left- or right-hand fence is “yours”. Fence ownership is established from the deeds, any T-marks on the plans and historical evidence — and is often uncertain, so it should not be assumed.

The short answer

Contrary to popular belief, there is no automatic rule that you own the fence on a particular side of your property. Ownership is a matter of evidence: the deeds and transfer; any T-marks shown on the title or conveyance plans (a T drawn pointing into a property conventionally indicates responsibility for that boundary, and a double-T or H-mark suggests a shared one); and historical evidence of who built and maintained the feature. Often the position is genuinely uncertain, and assuming ownership without checking is a common cause of disputes.

Why it matters

The “you always own the left-hand (or right-hand) fence” belief is a myth — there is no such rule. What actually counts is the evidence. T-marks are a long-standing convention and good evidence of responsibility, but they are not, on their own, legally conclusive. The deeds may expressly allocate ownership or maintenance; and where they are silent, the history of who erected and repaired the feature can be telling. It is also worth remembering that owning the fence is a different question from where the legal boundary runs — the two do not automatically go together.

Fence ownership shows why boundary disputes are evidence disputes: people are often certain, yet the evidence is mixed or incomplete. An objective look at the deeds, the plans and the history usually tells a clearer story than assumption — and settles far more cheaply than an entrenched argument.

What to do now

  • Check the deeds and title plan for T-marks or express wording.
  • Gather historical evidence of who built and maintained the fence.
  • Do not assume ownership simply by which side the fence is on.
  • If it remains unclear, have the evidence assessed rather than assuming.

Common mistakes

  • Relying on the left/right-hand fence myth.
  • Treating T-marks as conclusive proof of ownership.
  • Confusing ownership of the fence with the position of the legal boundary.

When to call Coburns

We assess the deeds, plans, T-marks and history together to give you an objective view of fence ownership — rather than an assumption that can spark a needless dispute.

Disclaimer. This article is for general information only and is not legal or professional advice. It is not tailored to any specific property, project or dispute, and the law and its application can change. Always seek advice from a suitably qualified professional before taking action. Coburns Party Wall accepts no liability for action taken in reliance on this article.

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