Fence boundary dispute

Re: Fence boundary dispute

Postby MacadamB53 » Thu May 15, 2014 7:59 pm

Hi COGGY,

He sounds as though he has the potential to be rather difficult

everyone has the potential to be rather difficult.
I don't think this chap is being difficult (none of the usual "others have told me he's trouble")
I think he's been waiting for the fence to need replacing to make his new neighbour aware he thinks it wasn't abutting the boundary (we don't know any of the history between him and the OP's predecessor).

Kind regards, Mac
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Re: Fence boundary dispute

Postby COGGY » Thu May 15, 2014 11:15 pm

Hi Mac

Yes we all have the potential to be difficult. You are correct that we don't know the history of the situation. However we have been told that the OP has a toddler, has erected a new fence and has listened to the neighbour's request to put right the fact that the fence was apparently not in the correct place. The neighbour has now requested to either have the fence lowered or partly removed. This does not sound reasonable to me. If the fence is in the wrong place how will lowering it help anyone? This is why I think the neighbour is being difficult.

Friendly regards
Coggy
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Re: Fence boundary dispute

Postby MacadamB53 » Thu May 15, 2014 11:37 pm

Hi COGGY,

The neighbour has now requested to either have the fence lowered

maybe the OP replaced like for like in height and the old fence was taller than it's predecessor (which the neighbour preferred).

maybe the OP didn't bother to ask if their neighbour had any preferences (not that they had to, but it would've been more neighbourly).

maybe he is saying "I'd have preferred a lower fence - any chance of you agreeing to this when you sort it out?"
and he is not saying "you need to lower it or else"

all just maybes...

Convivial regards, Mac
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Re: Fence boundary dispute

Postby MacadamB53 » Thu May 15, 2014 11:41 pm

Hi CC,

Roughly 11 years ago A & B acquired some land at the end of the back garden so the length of their garden was extended by about 3 meters. A & B put up some additional fencing to extend their boundary on this new land they acquired.

are you the registered proprietor of this 'acquired' land?

Kind regards, Mac
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Re: Fence boundary dispute

Postby Confused.com » Fri May 16, 2014 1:35 pm

MacadamB53 wrote:are you the registered proprietor of this 'acquired' land?


Of course.

COGGY wrote:The neighbour has now requested to either have the fence lowered or partly removed. This does not sound reasonable to me. If the fence is in the wrong place how will lowering it help anyone? This is why I think the neighbour is being difficult.


I do too. I have just paid a small fortune for a new fence. Why on Earth would I take part of it down now or lower it? If it wasn't a brand new fence then it might be a different story. And it's not like I replaced a short fence with a tall fence!
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Re: Fence boundary dispute

Postby MacadamB53 » Fri May 16, 2014 3:29 pm

Hi CC

are you the registered proprietor of this 'acquired' land?
Of course

so you've got a title plan indicating, in general terms, what you own.

is the line he says the fence should follow marked different to what is showing on the plan?

is his property also registered?

Kind regards, Mac
PS can we see the plan?
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