UKI share a boundary fence with my neighbour. Who is responsible for repairs?
There is no general legal rule in England and Wales saying who must repair a shared boundary fence — responsibility depends on ownership, property deeds, or agreement, not the Law of Property Act 1925.
What the Law Says
The Law of Property Act 1925 does not impose automatic responsibility for maintaining or repairing boundary fences between neighbours.
Section 38 of the Law of Property Act 1925 deals with the power of courts to order the sale of land in certain trust situations — it has nothing to do with boundary fences or repair obligations.
There is no statute in England and Wales that sets out a universal rule about who pays for fence repairs. Unlike some other countries, UK law does not presume joint responsibility just because a fence sits on a boundary.
Responsibility usually comes from one of three sources: (1) ownership (e.g., the fence is legally part of one person’s land), (2) express terms in title deeds or conveyancing documents, or (3) a private agreement between the neighbours.
Statutory Text— Law of Property Act 1925, s. 38 — Power of court to order sale of land subject to trust
What to Do
Check your property title deeds — look for T-marks, boundary clauses, or maintenance covenants
Speak to your neighbour to agree on responsibility — put any agreement in writing
If unsure, get a copy of both properties’ registered titles from HM Land Registry (£3)
Consider instructing a surveyor to confirm ownership and fence position if disputes arise
As a last resort, seek legal advice — but note: courts won’t order repairs unless a binding obligation exists
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.