Concrete supports

Concrete supports

Postby johnlbw » Mon Mar 28, 2005 1:17 pm

Hi.. I am going to replace my current fence with a UPVC solution..

I need to secure the posts to the ground with concrete.

do I have to leave a gap between our garden and the neighbours so that the concrete supports are not partly on their land???

hope this makes sense.

John
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Postby despair » Mon Mar 28, 2005 2:59 pm

If its your fence then the back of the posts must only touch the boundary line unless the neighbours agree for them to straddle the boundary

Concrete foundations below ground to support the posts can though be in the neighbours side

Take care not to damage any plants etc of your neighbour though
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Excellent`

Postby johnlbw » Mon Mar 28, 2005 3:03 pm

Thanks for your reply..

My neighbour has gravel around the edge of their garden which is good

no plants to disturb..
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Postby gardenlaw » Tue Mar 29, 2005 11:11 am

I do not think you can trespass in this way. The concrete cannot be put in without digging a hole partly in your neighbours garden. Without their permission this would be a trespass.
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Postby Maverick.uk » Sat Apr 09, 2005 8:41 pm

Gardenlaw

I beg to differ, our party wall expert has said that it is allowed under the party wall act.

Regards

Mav
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Postby Danny » Sun Apr 10, 2005 12:38 am

Maverick.uk wrote:Gardenlaw

I beg to differ, our party wall expert has said that it is allowed under the party wall act.

Regards

Mav


Interesting point of view, However, although the purpose of the Party Wall Etc, Act 1996 is to regulate the manner in which works to party walls and other works adjacent to boundaries are carried out. I can't see where or how the Party Wall Etc, Act has anything to do with or applies to concrete fence post's as the Act does not apply to fence's. Although it did get me thinking;

1) If new foundation's are to be laid or under pinning needed to excisting walls, there are guide's showing when 3 or 6 metre notice's should be served under the Party Wall Etc, Act. I can't see that 3 or 6 metre notice's need to be served for concrete fence post's.

2) There is I belive something in the Party wall Etc, Act about the use of concrete on neighbouring land, if thats the case, don't use concrete to secure the fence posts.

Maverick, do you know why your expert says it's allowed under Party Wall Etc, Act?.

I am of the same opinion as gardenlaw. In order to prevent trespass, it's best to get neighbours to agree to the concrete fence post's or maybe, agree to new fence being a party fence.
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Postby Maverick.uk » Sun Apr 10, 2005 7:18 pm

Hi Danny

Danny wrote:
Maverick, do you know why your expert says it's allowed under Party Wall Etc, Act?.


From memory and without checking correspondance, whilst a wooden fence does not come under the act. A post requiring foundations does especially where you will be putting concrete foundations under your neighbours land to support it.

I would be interested to know how you would effectively hold up a fence post without digging into your neighbours land to site it.

Regards

Mav
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Postby nigelrb » Mon Apr 11, 2005 9:18 am

Hello johnlbw. Your posting has really stored up a hornet's nest of legal interpretation for a simple matter of installing a fence. It would seem from your original question that you don't get on with your neighbour, otherwise you'd simply erect the fence upon the boundary rather than inside your property. I'm sure you realise your ownership of the fence is more easily protected if the fence is, in fact on your side.

Duly respecting the points and view of other posters, it is generally ACCEPTED, that for a fence to be erected there has to be access from the adjacent property. Most people, and I, as a contractor, would seek permission prior to entry. However, if we are refused entry, there is zilch we can do, then - no fence. Trespass would be committed if we insisted on accessing the neighbour's land.

Whislt the Party Wall Act does afford 'rights of entry' that right is contained to 'works in pursuance of 'the Act.' As stated by a fellow member, 'fences' are not covered by the Act, although this is a 'loose' interpretation. A brick wall could be a 'fence' and is therefore covered. To the point though, and as correctly pointed out earlier, you cannot encroach without permission to 'set' concrete posts.

The best solution as suggested by all posters is to get permission. I trust your neighbour will agree the fence will benefit his privacy and enhance its property appeal and value - so why would he object? Regards, Nigel
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