Fencing in unfenced garden

Fencing in unfenced garden

Postby VicLad » Sun May 21, 2017 10:00 am

This is a query over the relationship of an unfenced and fenced boundary between two properties. My title says I have responsibility, T marks, and positive covenant for a fence ‘within’ that boundary. The fencing that does exist follows the line of the original developers fence and has been replaced just once about 10 year ago. There are restrictive covenants which say fencing should not exist in front of the house so I am keen to make sure any fencing put up by my neighbour doesn’t impact on my property and problems that may arise in selling. The restriction on fencing is not a result of a planning obligation.

Bearing in mind the rules regarding general boundaries would it be reasonable to argue the front face of the current fencing line is the line of the boundary and this should be projected forwards to the footpath? Should the unfenced area boundary be considered separately from the fenced area boundary?

As an observation, from photographs of the original fencing if that fencing was not ‘within’ my boundary then the developer breached their own covenant when they put it in.
VicLad
 
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Re: Fencing in unfenced garden

Postby jdfi » Mon May 29, 2017 3:53 pm

Is it simply that a fence 'within' the boundary means on your side of the boundary as opposed to a mesne boundary?
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