Rockery piled up against my fence

Re: Rockery piled up against my fence

Postby MacadamB53 » Sun May 04, 2014 2:10 pm

Hi Chris,

all the best trying to sell with a dispute on the go (failure to disclose it would leave you liable).

I'm going to take the fence panels when We go. I'll find some tatty old ones to put in their place

I thought the whole point of seeing the sols was to obtain your deeds because you don't know if you own outright the fence you've just erected??

Kind regards, Mac
PS if your property is unregistered (and I think it is) then you'll need to see your sols anyway...
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Re: Rockery piled up against my fence

Postby Chris0706 » Sun May 04, 2014 4:50 pm

Thanks Mac,
I'm hoping to sell to a buy to let, I'm sure they won't worry about a dispute too much, we will sort out the deeds etc and make sure the purchaser knows exactly who is responsible for the fence. As we paid for the new fence I think we should be entitled to remove/ replace it if we decide to, it wouldn't even be there if we hadn't paid for it in the first place. I was hoping they would decide to move first as I really like my house but a bigger garden would be nice so they have probably done us a favour.
Ps the dog still isn't allowed out as he attacked the postman. :-(

Chris.
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Re: Rockery piled up against my fence

Postby MacadamB53 » Sun May 04, 2014 5:23 pm

Hi Chris,

As we paid for the new fence I think we should be entitled to remove/ replace it if we decide to...

but if it is straddling the boundary - which your sols says is the case - then the law says you can't...

which is why some of us are keen for you to check your deeds.

Kind regards, Mac
PS why do you think a 'buy to let' buyer won't care about the dispute you declare? (I think they may use it to dictate terms)
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Re: Rockery piled up against my fence

Postby arsie » Tue May 06, 2014 7:22 pm

To protect your property, I would take your nice new panels down sooner rather than later, for three reasons.

1) That will minimise the damage to the panel(s) against which the neighbour's rockery is bearing.

2) You will have acted swiftly to remedy the trespass - or whatever it might be - whereby the half of the fence on his side of the boundary (if true) becomes his property, as some are suggesting.

As to your deeds, I personally would check and see if they are lodged at the Land Registry by attempting to download the title deeds and any plan. £3 a pop so £6 in all. You have not said whether your property is still unregistered, if so and your solicitor is holding the deeds you should get them back ASAP. All sorts of mayhem can ensue when solicitors merge or retire. Paper gets lost all too often :? The new solicitors won't care. These days the Land Registry insists that all newly sold property is registered and it might be an idea to register your property voluntarily, which you can do. By sound of it your neighbour is the sort who may well object to the boundary as a matter of 'principle' :roll: He having bought quite recently will be registered. I would check his deeds too as regards the responsibility or not for maintaining the boundary features.

3) I heard that fence panels are in such short supply that prices have shot up and they are even being stolen!
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Re: Rockery piled up against my fence

Postby arborlad » Sat May 10, 2014 9:23 am

nothingtodowithme wrote:
Chris0706 wrote:Thanks Mac,
I'm hoping to sell to a buy to let, I'm sure they won't worry about a dispute too much, we will sort out the deeds etc and make sure the purchaser knows exactly who is responsible for the fence. As we paid for the new fence I think we should be entitled to remove/ replace it if we decide to, it wouldn't even be there if we hadn't paid for it in the first place. I was hoping they would decide to move first as I really like my house but a bigger garden would be nice so they have probably done us a favour.
Ps the dog still isn't allowed out as he attacked the postman. :-(

Chris.

As you state that you paid for the new fence and you are therefore entitled to remove it as you wish;.



You should not mislead people in this manner, there is insufficient knowledge at the moment to know the status of that fence. When it comes to boundary fences, full payment does not equate to full ownership.


Bearing in mind once the panels are removed any dispute concerning whether or not said fence is /or not straddling the boundary is remedied.



...........the posts remain though!
arborlad

smile...it confuses people
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Re: Rockery piled up against my fence

Postby MacadamB53 » Sat May 10, 2014 9:46 am

Hi Chris,

...........the posts remain though!

indeed they do - so if you want to sort this out properly you need to establish who owns the fence.

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

Postby MacadamB53 » Wed Jul 16, 2014 12:19 pm

Hi Chris,

+2 months have passed since your last contribution - any chance of an update please?

Kind regards, Mac
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