Neighbour Has Replaced My Fence

Re: Neighbour Has Replaced My Fence

Postby MacadamB53 » Sun Mar 27, 2016 10:58 am

Hi Lou,

My neighbour recently replaced a boundary fence for which I am responsible

to be clear:

how are you asserting the bit in bold? is it based on wording in a deed?
did he replace your fence - ie did you install it?
does he claim the new fence is his? if so, does he claim the old fence was too?
or does he think he's gifted you a new fence?

Kind regards, Mac
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Re: Neighbour Has Replaced My Fence

Postby lougibson » Sun Mar 27, 2016 11:55 am

Hi Mac,

The plans for the housing estate I live on show the boundary between the two properties as my property. I was away when my fence was dismantled and the new one installed. My neighbour has assumed ownership of the fence and I don't necessarily have an issue with this, my concern is that the new neighbours will assume I am responsible for 'his' fence given the boundary ownership described in the plans.

Regards,
Lou
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Re: Neighbour Has Replaced My Fence

Postby despair » Sun Mar 27, 2016 12:41 pm

The new owners can assume what they like but they cannot force you to do anything

If there was nothing wrong with what was your old fence and your property he had no right whatever to remove or replace it

Hence you have to decide whats in your best interest

Make his life hell and loose him his sale or get signed statements that he replaced the fence and now assumes responsibility
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Re: Neighbour Has Replaced My Fence

Postby arborlad » Tue Mar 29, 2016 12:57 pm

lougibson wrote:My neighbour recently replaced a boundary fence for which I am responsible
Thanks,
Lou




In this context, ownership and responsibility are generally regarded as one and the same.

How old are the properties, is the fence original?

You say it is a featheredge fence, which side are the posts and rails?

Does the fence line up with other boundary features of known ownership?

If you cede 'responsibility' of the fence to the neighbour - you are likely to lose some land!
arborlad

smile...it confuses people
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