Can we use a convenant to maintain original fence

Can we use a convenant to maintain original fence

Postby YoBeBa » Mon Jul 24, 2017 9:51 pm

Hi

We bought a house a few years back and on a conveyance, for one part of the land, contains a covenant on a fence, which states "the Purchaser will erect and forever maintain the fence". However the fence fell into disrepair before we bought the house, probably for a period of 10-12 years. We want to repair the fence and reinstate the fence to its original length. The plan specifically details the length of the fence and therefore our land. The problem is that the neighbour is objecting to us putting the fence back to original length.

Can we use the original covenant and conveyance plan to enforce the original length of the fence or will the neighbour be able to force us to leave the fence as it has been for the last 10 years?


Hope that makes sense?
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Re: Can we use a convenant to maintain original fence

Postby Roblewis » Mon Jul 24, 2017 10:11 pm

You are entitled to fence to the full extent of your land and as long as the fence is on your land and within planning exemptions your neighbour can do nothing except moan. The covenant clause is irrelevant in this situation.
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Re: Can we use a convenant to maintain original fence

Postby YoBeBa » Mon Jul 24, 2017 10:55 pm

Of course! Sometimes you can overlook the obvious things!

Thank you
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Re: Can we use a convenant to maintain original fence

Postby arborlad » Tue Jul 25, 2017 8:40 am

YoBeBa wrote:Hi

We bought a house a few years back and on a conveyance, for one part of the land, contains a covenant on a fence, which states "the Purchaser will erect and forever maintain the fence". However the fence fell into disrepair before we bought the house, probably for a period of 10-12 years. We want to repair the fence and reinstate the fence to its original length. The plan specifically details the length of the fence and therefore our land. The problem is that the neighbour is objecting to us putting the fence back to original length.

Can we use the original covenant and conveyance plan to enforce the original length of the fence or will the neighbour be able to force us to leave the fence as it has been for the last 10 years?


Hope that makes sense?




Are the neighbours objections specific in any way, has he placed anything on your land, is he using part of your land?
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smile...it confuses people
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Re: Can we use a convenant to maintain original fence

Postby YoBeBa » Tue Jul 25, 2017 1:16 pm

They cut across the corner of our land, by about about one meter. By putting the fence back to its orignal position, it doesn't impeed their route, just makes it a little longer
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Re: Can we use a convenant to maintain original fence

Postby MacadamB53 » Tue Jul 25, 2017 5:40 pm

Hi YoBeBa,

by what means are you determining how to measure the distance?

measuring along the lie of the land will give you a different result to measuring across a level plane....

you mention your plan will compromise a route used by the customer - please elaborate.

Kind regards, Mac
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Re: Can we use a convenant to maintain original fence

Postby arborlad » Tue Jul 25, 2017 6:52 pm

YoBeBa wrote:They cut across the corner of our land, by about about one meter. By putting the fence back to its orignal position, it doesn't impeed their route, just makes it a little longer




...........then don't tarry and get your fence up to define and secure your land.
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