Another fence boundary question

Another fence boundary question

Postby Hope Springs » Sat Apr 02, 2005 12:30 am

Hi I have another ongoing boundary / fence problem ( which I will try to keep as short as poss) as follows. There is a fence at the bottom of my garden which according to the title deeds is mine. Last year the owners of the property on the other side of this fence knocked down an old workshop ( which left them with a clear view of the rear of my house/garden from their offices ) that was about 3-4ft away from my fence and ran for the entire length of it,they said that they would replace the fence with a new one as they were replacing all the fences that bordered on this side of their property. I agreed to this on condition that the fence would be a straight replacement for the existing one, and would be erected without damaging any trees close to the fence.Subsequently the fence was erected 6" inside the original fence line on my property, and not in the manner that had been agreed thus causing damage to some of the trees' roots .To date we have lost 5, 15 year old trees.The other party have agreed to replace the dead trees.The question is:who owns this new fence, and if it is now mine can I claim compensation for all the hassle and the loss of land.
There is more to this, involving Tpo's on trees that obscure some of their building from my house, and having to cut them down to move the fence, but this is enough for this first installment.
Thanks if you made it to the end, and I look forward to some advice that will help me sleep a bit better. Hope Springs
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Fence Boundary

Postby nigelrb » Sat Apr 02, 2005 1:51 am

Hi Hope.
You have a major twofold problem. Firstly, the fence has been erected, I gather, 6" inside your property, thereby giving you legal right of proprietorship of the fence. However, your neighbour (by my interpretation of your posting) has financial ownership of the fence but forfeits his rights to it as the fence is on your land. This really is a situation that requires discussion on the part of both neighbours.

You would be hard pressed claiming compensation for the 6" of land, but at the same time you do not want to just 'give it away!' Equally, the neighbour could get jacked off and remove the fence (pure speculation) then you would have to finance a new one.

Given that the neighbour has agreed to replace some dead trees implies they are reasonable to deal with - talk to them and seek a resolution that sees the fence reinstated to its original position - or unfortunately, be bluffed into accepting it as it is.

Sorry I can't help you sleep!
Regards, Nigel
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