What constitutes a 'good and sufficient fence'

Re: What constitutes a 'good and sufficient fence'

Postby ukmicky » Sat May 03, 2014 6:02 pm

Remove the fence and you are left with an undefined boundary.


That is a situation many people all over the country wish they were not in and a situation you should never purposely put your self in .
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: What constitutes a 'good and sufficient fence'

Postby cobdale » Sat May 03, 2014 9:42 pm

ukmicky wrote:Remove the fence and you are left with an undefined boundary.


That is a situation many people all over the country wish they were not in and a situation you should never purposely put your self in .

hi ukmicky,would it really make such a difference? what are we talking about ,if the hedge is up against the fence and they remove the fence ,not even a foot at the very most and what can anyone do with it?
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Re: What constitutes a 'good and sufficient fence'

Postby arborlad » Mon May 05, 2014 11:43 am

cobdale wrote:
ukmicky wrote:Remove the fence and you are left with an undefined boundary.


That is a situation many people all over the country wish they were not in and a situation you should never purposely put your self in .

hi ukmicky,would it really make such a difference? what are we talking about ,if the hedge is up against the fence and they remove the fence ,not even a foot at the very most and what can anyone do with it?



It's all relative to the situation and circumstances, a current thread relating to tree damage has a potential error of a quarter of that amount.

The more correct a boundary feature is, in all respects - the less contentious it is.
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Re: What constitutes a 'good and sufficient fence'

Postby arborlad » Mon May 05, 2014 12:34 pm

nothingtodowithme wrote:
boeingman wrote: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.

Agreed.
A reasonable solution.



I see no solution, reasonable or otherwise.
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