What constitutes a 'good and sufficient fence'

What constitutes a 'good and sufficient fence'

Postby Twizzle » Sat Mar 15, 2014 7:05 pm

Hi there,

Pretty sure I've come to the right place to get my query answered!

We have a thick hedge all the way down our garden, ranging from about 2 to 3 metres high. On the other side of the hedge, and not really visible to us is a 6 ft panelled fence. It's our boundary that we are responsible for.

Our neighbours came round to tell us that the fence had suffered damage in the recent storms, and needed replacing. We thought it would just be a couple of panels, but on inspection it was all the way down and the quote is £915.

My question is do we have to replace the fence? We already have the hedge which is thick and high and provides more security than the fence anyway. We can't even see the fence from our side. However on the deeds there is a restrictive covenant which states:

1. The Purchaser should forthwith erect and for ever after maintain
good and sufficient fences on the Northern and Eastern sides of the
said piece of land marked T on the said plan within the boundaries

So what constitutes 'good and sufficient fence'? Could the hedge serve that purpose? Or could we offer to replace the fence with a cheaper wire one?

We are in the process of selling the house so do not want to fall foul of the buyers solicitors, but obviously don't want to pay out nearly £1000 so that the neighbours and the new owners can benefit.

Any advice greatly appreciated.
Twizzle
 
Posts: 2
Joined: Fri Mar 14, 2014 2:38 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: What constitutes a 'good and sufficient fence'

Postby despair » Sat Mar 15, 2014 7:21 pm

unless you are the original covenator your neighbour cannot hold you to the covenant

but equally theres nothing to prevent you installing chain link the entire length although it might be as expensive as wood panels
despair
 
Posts: 16043
Joined: Mon Mar 14, 2005 8:07 am

Re: What constitutes a 'good and sufficient fence'

Postby boeingman » Sat Mar 15, 2014 7:54 pm

As despair says, the covenant is a positive covenant which runs with the original person who agreed to it. If it was yourself that originally agreed to the covenant then technically you can be held to it but for all practical purposes it is unenforceable as the phrase "good and sufficient" is not legally accurate enough.

If you purchased the house and found the covenant in the deeds then you cannot be held to it's requirements.

You are not required to fence in your own property. If the neighbours require a fence, to keep dogs in for example, then it is their responsibility to fence in their own property.
boeingman
 
Posts: 114
Joined: Sun Mar 03, 2013 12:59 pm

Re: What constitutes a 'good and sufficient fence'

Postby stufe35 » Sat Mar 15, 2014 8:08 pm

Yes just take the old fence down if you are happy with the hedge, you might want to put some simple marker posts in to mark the boundary, or post and single rail fence which could be erected very cheaply.
stufe35
 
Posts: 781
Joined: Mon Nov 05, 2012 4:06 pm

Re: What constitutes a 'good and sufficient fence'

Postby arborlad » Sat Mar 15, 2014 8:55 pm

stufe35 wrote: or post and single rail fence which could be erected very cheaply.


................or a three rail motorway fence, sturdy, cheap, easily erected, wont affect the hedge or its maintenance - forget chainlink!
arborlad

smile...it confuses people
arborlad
 
Posts: 7386
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: What constitutes a 'good and sufficient fence'

Postby Twizzle » Sun Mar 16, 2014 8:52 am

:D That seems a bit harsh!

Thank you for the replies. It seems pretty unequivocal then. We did inherit the covenant so I guess it can't be enforced. That was the answer I was hoping for!

Thank you.
Twizzle
 
Posts: 2
Joined: Fri Mar 14, 2014 2:38 pm

Re: What constitutes a 'good and sufficient fence'

Postby arborlad » Sun Mar 16, 2014 1:18 pm

Twizzle wrote::D That seems a bit harsh!

Thank you for the replies. It seems pretty unequivocal then. We did inherit the covenant so I guess it can't be enforced. That was the answer I was hoping for!

Thank you.


That may be the answer you're looking for, but somebody wont be thanking you in the future for not respecting your boundary.
arborlad

smile...it confuses people
arborlad
 
Posts: 7386
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: What constitutes a 'good and sufficient fence'

Postby stufe35 » Sun Mar 16, 2014 6:08 pm

The reason I suggested marker posts or a cheap fence is it is important to maintain where the boundary line is to prevent problems in the future. Also speak to your neighbours telling them what the legal situation is and what your plans are. They might be very happy to look at a hedge rather than a fence, but if not you could suggest they might like to put their own up on their side of the boundary line.
stufe35
 
Posts: 781
Joined: Mon Nov 05, 2012 4:06 pm

Re: What constitutes a 'good and sufficient fence'

Postby jonahinoz » Fri Apr 18, 2014 8:55 am

Hi,

Good and sufficient for what? The purpose of a fence is to keep your animals in.

If there must be a fence, would a single strand of wire comply with the requirement?

On the other hand, if you have a buyer for your house, you are required to inform them of any disputes. The cheapest solution might be to get a firm quote, and offer the buyers a cash-back for that amount on completion. If they accept, then you won't have to find £1000 up front. But their lenders might not agree.

JW
jonahinoz
 
Posts: 1346
Joined: Fri Aug 05, 2011 5:15 pm

Re: What constitutes a 'good and sufficient fence'

Postby arborlad » Fri Apr 18, 2014 9:23 am

jonahinoz wrote: The purpose of a fence is to keep your animals in.

JW



I see no mention of livestock.

The purpose of the fence is to define the limits of its owner's land. Done correctly, it will fulfil that task.
arborlad

smile...it confuses people
arborlad
 
Posts: 7386
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: What constitutes a 'good and sufficient fence'

Postby jonahinoz » Thu May 01, 2014 8:11 am

The purpose of the fence is to define the limits of its owner's land. Done correctly, it will fulfil that task.

Hi Arboland,

So two posts with a stand of wire between them is all that is necessary?

In France, a bloke called a Geometre visits your house, digs a hole at the corners of your garden, and concretes in a marker, flush with ground level. The imaginary line between them is your boundary. Its a criminal offence to move the marker. All that, for about €750.

JW
jonahinoz
 
Posts: 1346
Joined: Fri Aug 05, 2011 5:15 pm

Re: What constitutes a 'good and sufficient fence'

Postby arborlad » Thu May 01, 2014 9:26 am

jonahinoz wrote:The purpose of the fence is to define the limits of its owner's land. Done correctly, it will fulfil that task.

Hi Arboland,

So two posts with a stand of wire between them is all that is necessary?


JW



Given the right circumstances, yes............but these are not those circumstances.


This is evidence of who owns that particular fence, it is not decided on whether one landowner happens to be a dog owner.


1. The Purchaser should forthwith erect and for ever after maintain
good and sufficient fences on the Northern and Eastern sides of the
said piece of land marked T on the said plan within the boundaries
arborlad

smile...it confuses people
arborlad
 
Posts: 7386
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: What constitutes a 'good and sufficient fence'

Postby MacadamB53 » Thu May 01, 2014 11:30 am

Hi all,

I view fences as barriers - to keep things in and/or prevent trespass - with those in a residential setting mostly being erected so they abut a boundary for the obvious reason that it would be daft not to...

Kind regards, Mac
MacadamB53
 
Posts: 6034
Joined: Mon Dec 10, 2012 12:13 am

Re: What constitutes a 'good and sufficient fence'

Postby arborlad » Sat May 03, 2014 10:21 am

jonahinoz wrote:
In France, a bloke called a Geometre visits your house, digs a hole at the corners of your garden, and concretes in a marker, flush with ground level. The imaginary line between them is your boundary. Its a criminal offence to move the marker. All that, for about €750.

JW



I suppose that is another way of doing it, but how then do you position a corner post correctly, that position already seems to be occupied?
arborlad

smile...it confuses people
arborlad
 
Posts: 7386
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: What constitutes a 'good and sufficient fence'

Postby cobdale » Sat May 03, 2014 12:22 pm

the neighbors might be happy with the fence just been taken away ,as at the moment they are looking at an eyesore
cobdale
 
Posts: 355
Joined: Mon Dec 03, 2012 10:19 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Next

Return to Fences

Who is online

Users browsing this forum: No registered users and 6 guests