Fencing and other positive covenants

Re: Fencing and other positive covenants

Postby lizzielonika » Fri Feb 18, 2011 6:05 am

HELP. my garden is fenced in on three sides by 4 neighbours and the boundaries are listed in the deeds as party fencing. In the land registry section of my deeds it says;

'It is hereby agreed and declared that the fences or hedges dividing the property hereby conveyed from the remainder of the land comprised in the vendors conveyance shall be party fences or hedges and forever be maintenanable and repairable accordingly.'

I have been living with apalling fencing for 3 or 4 yrs now. It had in some parts totally collapsed and in two instances the owners have dogs. My garden was also on two sides set with huge conifers to which one neighbour has tied up his fence. I have had the whole lot dug up and refenced at a cost of £3.000. Do I have any redress from my neighbours regarding co0ntributions towards the cost?
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Re: Fencing and other positive covenants

Postby Conveyancer » Fri Feb 18, 2011 1:07 pm

lizzielonika wrote:It is hereby agreed and declared that the fences or hedges dividing the property hereby conveyed from the remainder of the land comprised in the vendors conveyance shall be party fences or hedges...'


It makes little sense to provide for fences to be party fences and no sense at all to provide for hedges to be party hedges.

lizzielonika wrote:...and forever be maintenanable and repairable accordingly.


That part does not really achieve a lot since it does not actually impose any obligation. Even if it did you have the problem of enforcement - see the first post in this thread.

Even if there were an enforceable obligation, any work really needs to be agreed before it is started.
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Re: deeds

Postby RUHEAP » Mon Jul 25, 2011 1:12 pm

Angelisle wrote:Thank you for this Conveyancer,
it has given greater clarity to a complex subject and should be very useful to many Garden Law members. :)


dear angelisle
my deeds clearly show my row being 26' wide x 100'long over a neighbours land.... the owner wanted to build a bungalow in a very narrow small slice of land & make money from their land....they had sold alread sold the other side of their garden 50' wide x 100' long.... the only way they could obtain permission to build on my side......was to take 6' of my row over their garden. ..this they eventually did....why......
because i could not afford to carry on paying the lawyers/barristers slowly mounting costs until i had reached my limit.....plus rubbish being thrown on the row including many sleeping policemen....a corrugated lane...difficult to even walk on....... that is the real law. .

the other point about covenants...that again depends on money...if one has enough spare funds to follow it all the way thru. the courts/lawyers/barristers & time running back & forth to the end......thus it all boils down to not only the law & what is written on a deed ...but the amount time & money u are willing to spend on obtaining & paying for the dearest and most skilled lawyers.u r willing to risk...
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Boundary retaining fence if height of neighbour garden is hi

Postby alexjames » Wed Nov 26, 2014 1:45 pm

Hi there all

Does anyone know who's responsibility it is to erect a fence/retaining wall when the neighbours land it higher than ours. So in effect their garden will fall into our garden if this work is not carried out.

Would appreciate your thoughts on this.

Many thanks

Alex
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Re: Fencing and other positive covenants

Postby despair » Wed Nov 26, 2014 2:08 pm

You needed to start your own thread on this not add to a "for information " thread

please email ......admin@gardenlaw.co.uk. and ask them to move your post


to answer your ?

if your land was lowered to build your house you are responsible for a retaining wall

if their land was raised or was always higher they are responsible for retaining their land
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Re: Fencing and other positive covenants

Postby Alan Harris » Thu Nov 27, 2014 12:00 pm

Dear Alex

Not enough information has been provided.

It may not be as simple as Despair's comments suggest. It may depend upon the deeds and the timing of the level difference. Check whether the deeds or title plan have T marks or clauses which define ownership of the boudary (and the duty to erect and maintain). If the level difference has been in place for a long time it would be difficult for one of the owners to require the neighbour to construct a new structure or fence. Disputes between neighbours can be expensive.

best regards


Alan Harris
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.
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