Rockery piled up against my fence

Re: Rockery piled up against my fence

Postby Chris0706 » Wed Apr 23, 2014 3:28 pm

Thanks Coggy, I suppose it's debating really isn't it :-)
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Re: Rockery piled up against my fence

Postby MacadamB53 » Wed Apr 23, 2014 4:19 pm

Hi Chris,

the fence is in the correct position and straddles the boundary...

then it is shared...

...the fence is our responsibility...

this is extremely unlikely if it is shared...

...T marks...

mean nothing without words in the register...

I think both you and your neighbour may be muddling things up.
Forget the rockery for a moment and answer this question:

why does the neighbour think the fence is stood partly on his land?

then decide whether you're in agreement with him.

Kind regards, Mac
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Re: Rockery piled up against my fence

Postby Chris0706 » Wed Apr 23, 2014 5:12 pm

Mac
He thinks it's partly on his land because it is in the same position as the posts put in by the builder. I agree with that because if we had put it completely on our side we would be moving the boundary (assuming that the next occupant says the boundary is in the middle of the fence) Over a period of time the fence would move further and further into our garden each time it is replaced.
If the fence is straddling both gardens does that mean we have gifted half of it to him and can he do what he wants to the fence, bearing in mind he hasn't paid anything towards it and I don't think he will be willing to contribute to maintenance and repair costs. At the end of the day it's a £500 fence and it will probably last a good few years, it's his attitude - I'll do what I like etc etc. he has also piled his rockery against the fence at the back of the garden which isn't his and is completely on the owners land.
Chris
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Re: Rockery piled up against my fence

Postby despair » Wed Apr 23, 2014 5:52 pm

For goodness sake stop the nonsense of whose land it does or does not stand on

Even if it did straddle the boundary and effectively become a joint fencec

1) YOU PAID FOR IT

2) ITS YOUR FENCE AND PROPERTY
3) He has no right whatever to do anything to it without your agreement

END of subject
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Re: Rockery piled up against my fence

Postby arborlad » Wed Apr 23, 2014 7:07 pm

Chris0706 wrote: I agree with that because if we had put it completely on our side we would be moving the boundary (assuming that the next occupant says the boundary is in the middle of the fence) Over a period of time the fence would move further and further into our garden each time it is replaced.



If you make any changes to the location or status of a boundary feature, both sets of deeds need to be amended accordingly to reflect the change, and to avoid the above scenario.



If the fence is straddling both gardens does that mean we have gifted half of it to him



Yes.



bearing in mind he hasn't paid anything towards it



It's not a matter of who paid, but who's land it sits on.
arborlad

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Re: Rockery piled up against my fence

Postby MacadamB53 » Wed Apr 23, 2014 7:23 pm

Hi Chris,

I think both you and your neighbour may be muddling things up.

your 16:12 post confirms my thinking.

why are you getting muddled up?
erecting the fence wholly on your land would not lead to the scenario you envisage.
what it would do, however, is mark the limit of each parcel of land - your neighbouring owning up to the side of your fence that faces him and you owning the fence and all that is behind it.

why is he getting muddled up?
he doesn't recognise a fence as a piece of property OR (more likely) he thinks something like "the fences are just part of the gardens".

by constructing a fence partly on his land you must realise (contrary to what some other posters are asserting) it is not "your fence" at all - it cannot be.

however, from what you've described you may not have erected it in such a way.

what needs to be confirmed is:
whether any wording appears in your registers which explain the inclusion of the 'T' marks on the title plan
whether there have been any changes to the placement of the fence since the homes were built.

All my non-expert, unqualified understanding.

Kind regards, Mac
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Re: Rockery piled up against my fence

Postby Chris0706 » Wed Apr 23, 2014 9:20 pm

Thanks Mac
I think we need to get the deeds now and read exactly what it says about fencing. The posts were the original ones put in by the builders when we moved in. Next door bought their house about 10 years ago and started falling out with their neighbours within a week of arriving ( not us, we were on holiday at the time).
Chris.
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Re: Rockery piled up against my fence

Postby despair » Wed Apr 23, 2014 9:37 pm

"neighbours started falling out within a week "

says it all .........................you have bullies for neighbours and as i have already said ................action is the only way to deal with it

no point talking to idiotic morons who have nothing better to do with their lives than cause trouble it gets you nowhere and anything you say gets twisted out of context
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Re: Rockery piled up against my fence

Postby MacadamB53 » Wed Apr 23, 2014 10:00 pm

Hi Chris,

The solicitor said it was correct to put the fence in exactly the same position as the old concrete posts and wire put in by the builders 40 years ago. I am going to go and see him soon to collect the deeds as he is retiring soon and I don't want them to get mislaid.

Is your property unregistered?

Kind regards, Mac
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Re: Rockery piled up against my fence

Postby Chris0706 » Wed Apr 23, 2014 11:13 pm

Mac
I don't know if the property is registered (with Land Registry?) we will find out when we collect the deeds.
Despair
Yes you are correct, a bully, who thinks if he shouts and swears he will get his own way. One day however, he'll need our help and guess what, he won't get it. All the other neighbours get on well with each other, he just upsets everyone.
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Re: Rockery piled up against my fence

Postby Janieb » Thu Apr 24, 2014 9:47 am

Chris0706 wrote: I am going to go and see him soon to collect the deeds as he is retiring soon and I don't want them to get mislaid. I hope this makes sense. The argument is over who owns the actual fence that I paid for two weeks ago. The neighbours now think it's 'shared', they were informed exactly where it was going before it was installed and didn't raise any concerns. They also pointed out very loudly last year that we 'had' to put a fence up as it was our responsibility.(


Why wait. Download copies from the landregistry site for £6 for both parts. Www.landregistry.gov.uk . You will then be able to tell us the exact wording.
"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)
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Re: Rockery piled up against my fence

Postby MacadamB53 » Sun May 04, 2014 12:11 am

Hi Chris,

The solicitor said it was correct to put the fence in exactly the same position as the old concrete posts and wire put in by the builders 40 years ago. I am going to go and see him soon to collect the deeds as he is retiring soon and I don't want them to get mislaid.

have you seen your solicitor yet?

Kind regards, Mac
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Re: Rockery piled up against my fence

Postby Chris0706 » Sun May 04, 2014 8:38 am

Hi Mac
No we haven't been to see the solicitor, we are going to move house instead. The fence is only part of the problem, loud music, dog barking, kids ( and parents) screaming and shouting. They have a note stuck on their conservatory window saying 'mind your own business' who that is meant for I can't imagine as we aren't interested in what they do or say so long as it doesn't impact on us and they do it quietly. We can afford to move so are looking for something with bigger gardens, and I'm going to take the fence panels when We go. I'll find some tatty old ones to put in their place.
Cheers

Chris.
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Re: Rockery piled up against my fence

Postby arborlad » Sun May 04, 2014 10:41 am

Chris0706 wrote:............ and I'm going to take the fence panels when We go.

Chris.



You may need your neighbour's agreement to do that - but that would be dependent on what the deeds say.
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Re: Rockery piled up against my fence

Postby despair » Sun May 04, 2014 12:51 pm

join a freegle/freecycle group
theres bound to be someone offering fence panels

i suggest you change them now and let the rockery fall and throw it back
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