Fence issue

Re: Fence issue

Postby milgate » Wed Aug 13, 2014 5:11 pm

MacadamB53 wrote:Hi milgate,

that doesn't sound right to me - if the buyer built the wall then the wall is part of the buyer's property and so is the fence.

more likely the vendor stipulated a fence to be erected by the buyer so he got himself a boundary feature by proxy - that is something I've seen in a few deeds...

Kind regards, Mac



I haven't got the exact wording, but I can clearly remember the concept. The seller of the land (i.e. the previous owner of our house) had to erect and maintain a fence along the boundary on top of a 1-foot high, 9-inch brick plinth which was build by and maintained by the buyer of the land (who subsequently developed the property and sold it to out "problem" neighbors.

Note that the brick plinth is a mini retaining wall as the we are on a slight hill and the building plot that was built on was at a lower level than the part of the garden retained by our property. Additionally, the brick plinth is in the back part of the garden and doesn't go anywhere close to the front fence that is the main subject of our problem.

So getting back to our issue, the fence that runs between the properties and runs at a right-angle from where the post was taken out and made our front fence panel "flappy" is (1) a standard wooden fence (no brick plinth part), and (2) according to the deeds was erected by the previous owner of our property who also have the obligation to maintain it (and this obligation passed to us).
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Re: Fence issue

Postby milgate » Wed Aug 13, 2014 5:44 pm

BTW - thanks everybody for their responses and insight so far. Much appreciated!
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Re: Fence issue

Postby arborlad » Wed Aug 13, 2014 5:58 pm

arborlad wrote:

Does the back of your fence resemble this: https://www.google.co.uk/search?q=feath ... B709%3B466



Can you confirm this is the type of fence you've got, your description doesn't match a panel fence.
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Re: Fence issue

Postby milgate » Thu Aug 14, 2014 9:44 am

arborlad wrote:
arborlad wrote:

Does the back of your fence resemble this: https://www.google.co.uk/search?q=feath ... B709%3B466



Can you confirm this is the type of fence you've got, your description doesn't match a panel fence.


It's as follows with wooden posts and gravel board
http://www.howefencing.co.uk/uploads/cache/590x443-prod_fen_closeboard_detail.jpg

Thanks again
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Re: Fence issue

Postby MacadamB53 » Thu Aug 14, 2014 10:22 am

Hi milgate,

I haven't got the exact wording

best get it then so there is no chance of any misunderstandings...

So getting back to our issue, the fence that runs between the properties...

has the issue changed mid-thread? I thought this was your issue:

Unfortunately ever since [I asked my neighbour to sort out the damage his builder caused to my front fence] the neighbors have basically ignored us when we say hello to them and have been glaring at visitors. Basically being very disagreeable. What I really wanted to to [sic] was to check that I was perfectly within my rights to point out the damage and ask them to rectify it.

Kind regards, Mac
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Re: Fence issue

Postby milgate » Thu Aug 14, 2014 10:43 am

MacadamB53 wrote:Hi milgate,

I haven't got the exact wording

best get it then so there is no chance of any misunderstandings...

So getting back to our issue, the fence that runs between the properties...

has the issue changed mid-thread? I thought this was your issue:

Unfortunately ever since [I asked my neighbour to sort out the damage his builder caused to my front fence] the neighbors have basically ignored us when we say hello to them and have been glaring at visitors. Basically being very disagreeable. What I really wanted to to [sic] was to check that I was perfectly within my rights to point out the damage and ask them to rectify it.

Kind regards, Mac


No Mac, the issue hasn't changed mid-thread. But we started getting into a discussion about the fence running at right angles to the fence which has been damaged (which we do own and is clearly part of the issue), and the brick plinth on which the fence sits. However, the part of the fence sitting on the brick plinth is nowhere near where the damaged fence so is probably not relevant. I was merely trying to point out that the brick plinth starts 20m away from the damaged fence. The fence immediately perpendicular to the damaged fence is owned by us, we have a duty to maintain it and doesn't sit on a brick plinth. Just didn't want to lead to up the garden path, so to speak!

Re: the wording, the fence is definitely ours and we have the duty to maintain (this was confirmed a few years back by a very good London-based solicitor specialising in land/property law)
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Re: Fence issue

Postby MacadamB53 » Thu Aug 14, 2014 11:23 am

Hi milgate,

thanks for clearing that up - I was getting confused.

so, the issue is how to deal with the seemingly disgruntled neighbours.

since I don't know them from Adam and know zip about your prior relationship or lack thereof, there's not much advice I can give other than continue to be civil and neighbourly and don't change just because they have (they might start thinking "they've stopped saying 'hello' just because of that fence") and don't overcompensate ("they're only being so nice because they know they were out of order about the fence")...

Kind regards and all the best, Mac
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Re: Fence issue

Postby arborlad » Thu Aug 14, 2014 5:44 pm

milgate wrote:
arborlad wrote:
arborlad wrote:

Does the back of your fence resemble this: https://www.google.co.uk/search?q=feath ... B709%3B466



Can you confirm this is the type of fence you've got, your description doesn't match a panel fence.


It's as follows with wooden posts and gravel board
http://www.howefencing.co.uk/uploads/cache/590x443-prod_fen_closeboard_detail.jpg

Thanks again



It would be very easy to make a decent repair of that.
arborlad

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