There’s often confusion about party fences and whether they fall under the Party Wall etc. Act 1996. Here’s what you need to know:
Wooden Fences and Concrete Posts Are NOT Party Fence Walls Under the Act
- The Party Wall etc. Act 1996 defines a party fence wall as a wall (not part of a building) that stands on the land of different owners and separates adjoining lands.
- Crucially, wooden fences or wooden fences with concrete posts and gravel boards do not qualify as party fence walls under the Act.
- This is because fences lack the permanence and solidity required to be considered a wall under the Act.
What About Title Deeds That Mention “Party Fences”?
- Sometimes title deeds refer to “party fences.”
- Usually, this means shared responsibility for maintenance, not that the fence is governed by the Party Wall Act.
- Many such deeds predate the 1996 Act and use the term “party fence” differently.
- So, “party fence” in deeds doesn’t necessarily mean the fence is subject to the Party Wall etc. Act.
Ownership and Maintenance of Simple Fences
- If your deeds are silent on ownership of a simple fence, ownership and maintenance usually come down to agreement between neighbours.
- You cannot force your neighbour to pay for a fence replacement if they don’t agree.
- You can always erect and maintain a fence on your own side of the boundary at your own expense.
Summary
| Situation | Covered by Party Wall etc. Act 1996? |
| Solid masonry or brick wall standing on the boundary (party fence wall) | Yes |
| Wooden fence with posts (even if shared maintenance) | No |
| Fence with concrete posts and gravel boards | No |
| Title deeds mention “party fence” but it’s a wooden fence | No |
If you’re unsure who owns or is responsible for your fence, try to reach an agreement with your neighbour. Otherwise, it’s a private matter outside the scope of the Party Wall etc. Act.