fencing issues

fencing issues

Postby wobbly » Wed Jul 02, 2014 11:09 pm

<de-lurk>

Hi All
strangely enough I have a fencing query

I bought a house in 1991 (house was built in 1902)
around 3 years later my neighbours sold to a buy to let landlord
before they sold the new landlord made them erect a new 5 foot fence between our back gardens
they asked and I said "no problem" as the old one was a bit tatty
fast forward 15 years and I too am renting out the house I once lived in , but the fence has been hit hard by the weather
I tried in vain 3 times to contact the landlord but he/she blanked every letter
there were also separate issues with tenants etc but i resolved these myself
Monday morning my tenant received a letter addressed to me

the jist of this letter was that i need to replace the fence as new tenants are moving in shortly and they want a fence and it is my responsibility !!
now my poor tenants have lived there 17 years and have had to put up with horde after horde of student tenants next door without a murmur
but the landlord has decided to try and intimidate with vague talk of solicitors,CCJs ,judges deeds etc
I have my deeds on file and apart from mentioning livestock and noxious fumes there is not one mention of fences and there are no T-bars on the title plan
the landlord has threatened to have a fence erected and send me the bill and also mentioned a recent similar case which they lost and had to pay
I am a 16 stone builder and find all of this quite laughable but the tone of the letter concerns me as if it was an elderly person they could be frightened by this landlord,which aint right is it?

so to my question

Am I legally required to repair and/or replace the fence ?

if so would it be wrong to put up 900mm of orange barrier netting?

in my previous discarded letters I have actually offered to install a new fence with concrete posts and gravel boards if the landlord went halfs on material but he/she didnt even respond

thanks in advance for reading

all the best

wobbs :)
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Re: fencing issues

Postby MacadamB53 » Wed Jul 02, 2014 11:43 pm

Hi wobbly,

the landlord has threatened to have a fence erected and send me the bill

laughable.

if I received a letter like that from my neighbour (they are your neighbour after all) I'd just respond with:

thanks for your letter, but I'm not sure why you sent it.
if you want to erect a fence on your land then go ahead - just don't try and recover any costs from me.
I don't want a fence on my land anymore so will soon be replacing my dilapidated fence with a row of stakes and a line of wire to mark out the edge of my property.

I urge you to go seek some proper legal advice before you send me any more letters on this matter.

Regards, Mac
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Re: fencing issues

Postby humptydumpty » Thu Jul 03, 2014 1:58 pm

MacadamB53 wrote:Hi wobbly,

the landlord has threatened to have a fence erected and send me the bill

laughable.

if I received a letter like that from my neighbour (they are your neighbour after all) I'd just respond with:

thanks for your letter, but I'm not sure why you sent it.
if you want to erect a fence on your land then go ahead - just don't try and recover any costs from me.
I don't want a fence on my land anymore so will soon be replacing my dilapidated fence with a row of stakes and a line of wire to mark out the edge of my property.

I urge you to go seek some proper legal advice before you send me any more letters on this matter.

Regards, Mac


I'll second that!
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Re: fencing issues

Postby jonahinoz » Thu Jul 03, 2014 5:13 pm

Hi,

I wonder if the demand to erect the 5ft fence will be documented anywhere ... conveyance, estate agents records, solicitors records (If your previous neighbour continued to use the same solicitor).

You might be 16 stone, and "work-hardened", but that won't protect you from a CCJ.

John W
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Re: fencing issues

Postby wobbly » Thu Jul 03, 2014 5:30 pm

John my point being was that the tone of the letter was intended to be intimidating , especially to someone who didnt know the score

if the person had written and said "hi,can we have a chat about the gardens" life would have been so much more amenable

but I am sure like most people in life, it sticks in my craw to be threatened with court by a complete stranger,who I have tried to contact for over 5 years with no success!!

I have been to county court as a witness and find the whole thing bizarre,

cheers wobbs
wobbly
 
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Re: fencing issues

Postby wobbly » Thu Jul 03, 2014 5:32 pm

whoops sorry John
the deeds make no mention of fences,only stuff about livestock and noxious fumes and not running an off license
cheers wobbs
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