creosoting mesne fence

creosoting mesne fence

Postby jdfi » Sat Jan 17, 2015 7:51 am

Hello,

The deeds to my house state that the boundary fence is mesne (shared). Indeed, the costs four years ago to replace it were shared.

We have creosoted our side annually, but next door haven't. Is there any legal way that we can clamber over and do the other side too (to aid the longevity of the fence).
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Re: creosoting mesne fence

Postby mr sheen » Sat Jan 17, 2015 11:07 pm

You can ask nicely and offer to do it at your expense and they can either accept your kind offer or refuse it.
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Re: creosoting mesne fence

Postby MacadamB53 » Sat Jan 17, 2015 11:46 pm

Hi jdfi,

a mesne fence? that means you've erected it so that it straddles the boundary and half it's depth (or thereabouts) is stood on either property - why bother?!?

Kind regards, Mac
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Re: creosoting mesne fence

Postby ukmicky » Sun Jan 18, 2015 1:26 am

Ask them
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: creosoting mesne fence

Postby jdfi » Sun Jan 18, 2015 11:19 am

MacadamB53 wrote:Hi jdfi,

a mesne fence? that means you've erected it so that it straddles the boundary and half it's depth (or thereabouts) is stood on either property - why bother?!?

Kind regards, Mac


To replace the shared fence that preceded it, and to reflect what is written in both deeds.
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Re: creosoting mesne fence

Postby COGGY » Sun Jan 18, 2015 12:19 pm

They obviously wish to have a fence and will not wish to have to pay out to replace it so surely they would be pleased if you are doing the work and paying. Most people would bite your hand off to accept your offer. I do know however that some are difficult for the sake of it. Could you put a card through their door making the offer? This gives them time to think before rejecting out of hand.
Regards
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Re: creosoting mesne fence

Postby MacadamB53 » Sun Jan 18, 2015 2:33 pm

Hi jdfi,

to reflect what is written in both deeds

that'll be that you forego full ownership, which is what it sounds like you'd prefer to have...

Kind regards, Mac
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Re: creosoting mesne fence

Postby COGGY » Sun Jan 18, 2015 2:52 pm

Hi Mac

Did you read the first posting?
The deeds to my house state that the boundary fence is mesne (shared). Indeed, the costs four years ago to replace it were shared.


Kind regards
Coggy
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Re: creosoting mesne fence

Postby MacadamB53 » Sun Jan 18, 2015 3:58 pm

COGGY wrote:Hi Mac

Did you read the first posting?
The deeds to my house state that the boundary fence is mesne (shared). Indeed, the costs four years ago to replace it were shared.


Kind regards
Coggy

Hi COGGY,

I sure did.

there used to be a fence that was declared "MESNE" back in the day.

I was just wondering why the OP - who clearly would prefer total ownership - didn't opt for erecting the new fence wholly on his own land.

indeed, he's going to end up acting like he owns it if the neighbour agrees to let him.

Kind regards, Mac
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Re: creosoting mesne fence

Postby arborlad » Sun Jan 18, 2015 7:51 pm

jdfi wrote:Hello,

The deeds to my house state that the boundary fence is mesne (shared). Indeed, the costs four years ago to replace it were shared.

We have creosoted our side annually, but next door haven't. Is there any legal way that we can clamber over and do the other side too (to aid the longevity of the fence).



No.

Irrespective of fence ownership, whether wholly owned by one or other party or shared, both sides should ideally be treated, this is normally achieved by goodwill, where this is absent there's not a lot can be done.
arborlad

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Re: creosoting mesne fence

Postby jdfi » Wed Jan 21, 2015 12:09 am

MacadamB53 wrote:
COGGY wrote:Hi Mac

Did you read the first posting?
The deeds to my house state that the boundary fence is mesne (shared). Indeed, the costs four years ago to replace it were shared.


Kind regards
Coggy

Hi COGGY,

I sure did.

there used to be a fence that was declared "MESNE" back in the day.

I was just wondering why the OP - who clearly would prefer total ownership - didn't opt for erecting the new fence wholly on his own land.

indeed, he's going to end up acting like he owns it if the neighbour agrees to let him.

Kind regards, Mac


Hindsight - good tip for next time.
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Re: creosoting mesne fence

Postby arborlad » Wed Jan 21, 2015 10:53 am

jdfi wrote:
MacadamB53 wrote:Hi COGGY,

I sure did.

there used to be a fence that was declared "MESNE" back in the day.

I was just wondering why the OP - who clearly would prefer total ownership - didn't opt for erecting the new fence wholly on his own land.

indeed, he's going to end up acting like he owns it if the neighbour agrees to let him.

Kind regards, Mac


Hindsight - good tip for next time.



Not really, not unless it's done correctly.

Wholly owned boundary features are always preferable but you still wont have access to the neighbours land to cresote it without their permission.
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Re: creosoting mesne fence

Postby Roblewis » Wed Jan 21, 2015 3:16 pm

Ultimately can a fence ever be truly Mesne if it is not the actual fence that was erected at the time of the deed writing. Once a fence is renewed there is always some movement however small from the original line, although concrete posts can minimise any significant drift to a very small figure. Developers since the 60s have tended to use concrete posts or walls. relying on the T or H marks to designate whether it is to one side of the "boundary" or astride it. Very often these dwarf fences, which they often were, were replaced by a fence one side or the other. Any potential for the fence to remain truly Mesne is lost.

Whatever one can always erect a fence on one's own land and record this for future reference for future owners. But also it is true neighbours can choose not to creosote. Next time replace the panels with 12" wide concrete panels to the height required with the good side towards you. Insist on your right not to have the side facing them painted :twisted:
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