Pleas help! Neighbours fence in my sons garden

Re: Pleas help! Neighbours fence in my sons garden

Postby Uriah Heap » Fri Jul 04, 2014 7:17 pm

Hi Humpty thanks for that.

b) how can it be irrllevant.it is what my son bought. And it was all OK-ed by the solicitors. You dont just buy something and then have somebody else take it off you.

c) his deed dont say where the border is they just say he has to maintain and erect a fence on the border. How could be be expected to maintain the fence is it is the neighbours property??? I have lost count of how many times people have been told on this forum they shouldent paint ther neighbours fence because it is elegal.

I will have to ask my wife about this when she gets back tonight shes well up on this sort of thing

Thanks anyways for all the comments.
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Re: Pleas help! Neighbours fence in my sons garden

Postby MacadamB53 » Fri Jul 04, 2014 7:39 pm

Hi Uriah,

c) my sons deeds say it is hos border

no they do not - nobody owns borders (boundaries).
your sons title register shows, in general terms, where the limits of his ownership end.
if you're referring to 'T' marks these do not indicate ownership - only with some corresponding wording will they indicate who was supposed to put the original fence up in the 40s...

Kind regards, Mac
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Re: Pleas help! Neighbours fence in my sons garden

Postby MacadamB53 » Fri Jul 04, 2014 7:47 pm

Hi Uriah,

You dont just buy something and then have somebody else take it off you

you're getting things in the wrong order - nobody has taken anything off your son, but rather your son has realised he hasn't bought what he thought (see my previous analogy about LPs).

How could be be expected to maintain the fence is it is the neighbours property

you're getting yourself mixed up.
if your son wanted to comply with the covenant as described (which he is not obliged to) then he needs to erect a fence on the edge of his land and maintain it.
this would mean erecting a fence flush to the existing fence which is not stood on your son's land so has nothing to do with the covenant.

I will have to ask my wife about this when she gets back tonight shes well up on this sort of thing

ask her what?

Kind regards, Mac
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Re: Pleas help! Neighbours fence in my sons garden

Postby humptydumpty » Fri Jul 04, 2014 8:11 pm

Uriah Heap wrote:Hi Humpty thanks for that.

b) how can it be irrllevant.it is what my son bought. And it was all OK-ed by the solicitors. You dont just buy something and then have somebody else take it off you.

c) his deed dont say where the border is they just say he has to maintain and erect a fence on the border. How could be be expected to maintain the fence is it is the neighbours property??? I have lost count of how many times people have been told on this forum they shouldent paint ther neighbours fence because it is elegal.

I will have to ask my wife about this when she gets back tonight shes well up on this sort of thing

Thanks anyways for all the comments.


What your son thought he bought. (I successfully sued my conveyancing solicitor for miss conveying an ROW over my neighbours property).

The fence in situ is NOT the fence referred to in the deeds as this fence erected by the owners of another property on what is now their own land. The fence referred to was either not erected or taken down at sometime.
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Re: Pleas help! Neighbours fence in my sons garden

Postby Uriah Heap » Fri Jul 04, 2014 10:42 pm

OK sorry. My wife has explained things to me now she says you are allright what you say. Sorry if i have cause any inconvenence asking stupid questions. Thanks evrybody for your comments.
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Re: Pleas help! Neighbours fence in my sons garden

Postby Rosenberg » Fri Jul 04, 2014 11:00 pm

Sounds like somebody got a good handbagging when the missus got home.
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Re: Pleas help! Neighbours fence in my sons garden

Postby COGGY » Fri Jul 04, 2014 11:02 pm

Hi Uriah

You were not asking stupid questions at all. No-one knows everything. If no-one asked questions there would be no need for this forum. We should all ask questions, it is how we learn. You may not know about this subject but I am sure you have knowledge of other subjects.

Kind regards
Coggy
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Re: Pleas help! Neighbours fence in my sons garden

Postby despair » Fri Jul 04, 2014 11:23 pm

If the nieghbour was a decent sort he would allow the fence to be resited correctly
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Re: Pleas help! Neighbours fence in my sons garden

Postby MacadamB53 » Fri Jul 04, 2014 11:32 pm

Hi Uriah,

My wife has explained things to me now she says you are allright what you say.

are you saying you didn't believe us? :(

All the best, Mac
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Re: Pleas help! Neighbours fence in my sons garden

Postby Rosenberg » Fri Jul 04, 2014 11:43 pm

despair wrote:If the nieghbour was a decent sort he would allow the fence to be resited correctly

How do any of us know where the "correct" position is. It seems that it is probably already in its correct position. Anyway UH's son doesn't want to resite the fence; he wants to take it down and construct a "low wall" instead. Maybe the neighbour doesn't fancy having his garden overlooked.
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