Who owns the fence between two properties?

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.