Lawyer reveals who's actually responsible for looking after garden fence

Nothing strains neighbourly relations quite like a dispute over a shared fence or boundary wall. Such conflicts can tend to escalate, especially when a boundary wall collapses and the question of responsibility and repair arises. Nyree Applegarth, Partner and Head of Property Litigation at Higgs LLP, based in Brierley Hill, sheds light on whether you are liable for repairing a collapsed boundary wall.

Often, these walls have stood for decades with little maintenance, and the original owners on either side have long moved on, leaving unclear who is responsible. If your boundary wall has collapsed, your initial action should be to consult your property's title deeds and plans, the expert explained.

However, it's common for these records to be silent on ownership. When that happens, the key question becomes whether the wall lies entirely on one property or sits astride the boundary as a "party wall," shared between neighbours.

Nyree Applegarth wrote on the firm's website: "To determine that issue, again, if the title deeds do not give an answer, it might be necessary to involve a boundary surveyor to give some early advice on whether or not it is firmly on one side or the other of a legal boundary or a party wall.

"If it turns out to be a party wall, this means that you might be able to insist that the neighbour shares the cost, but it also might come as a nasty surprise to the neighbour, who might have proceeded for many years on the basis that the wall was nothing to do with them and they have no responsibility for it.

"It is rare to find a homeowner who has cautiously budgeted and saved for 20 years to pay for repairs to a boundary wall, even if they knew it was their responsibility."

When expert advice confirms the wall is a party wall, the best approach is to talk with your neighbour and try to reach an agreement on sharing repair costs.

If discussions break down, consulting a specialist party wall solicitor is advisable. They can guide you on using legal procedures under the Party Wall Act 1996 to compel your neighbour to contribute.

Alternatively, if a boundary surveyor determines the wall lies entirely on your neighbour's land, the responsibility usually falls to them. This can be unwelcome news and may cause tension, but if the wall has collapsed onto your property, it could be considered a legal nuisance or trespass.

In such cases, you may have the right to seek legal remedies to have the wall removed or repaired, especially if your land depends on the wall's support.

While legal advice is essential, neighbours should first attempt to resolve these issues amicably, the expert said.