Fence posts on boundary

Fence posts on boundary

Postby wood4trees » Wed Jan 21, 2015 10:56 am

This post really follows on from the very informative post on the "rights of way" section.

There I learnt that, providing that your neighbour follows the Partt Wall Act procedures he can put his footings for a wall under your land. The trespass is made legal by the Act.

This got me thinking about fences, which don't come within the Party Wall Act.
If your neighbour instead wants to put up a wooden fence and needs to put fence posts just on the edge of the boundary, the surely he hole he needs to dig would involve excavating some of your land and the concrete post support would "trespass".

Can you stop him?
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Re: Fence posts on boundary

Postby MacadamB53 » Wed Jan 21, 2015 11:13 am

Hi wood4trees,

why would you want to?

Kind regards, Mac
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Re: Fence posts on boundary

Postby wood4trees » Wed Jan 21, 2015 11:50 am

Hi Mac

I didn't say I wanted to!

But I can think of lots of reasons why a person might not be keen on a fence and want to avoid it being close to a boundary.

I was simply interested, hypothetically in the legal position.
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Re: Fence posts on boundary

Postby MacadamB53 » Wed Jan 21, 2015 12:14 pm

Hi wood4trees,

if are you asking if the objector has the law on his side I think he has a right to demand all incidental damage is made good and the work is completed in a conscientious and timely manner but he would be viewed as petty if he didn't accept this as reasonable.

either way, I'm sure it's perfectly possible for someone to erect a good fence along the edge of his land without digging holes across the boundary.

Kind regards, Mac
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Re: Fence posts on boundary

Postby arborlad » Wed Jan 21, 2015 1:25 pm

wood4trees wrote:If your neighbour instead wants to put up a wooden fence and needs to put fence posts just on the edge of the boundary, the surely he hole he needs to dig would involve excavating some of your land and the concrete post support would "trespass".

Can you stop him?



Every wholly owned boundary fence that correctly abuts the known boundary will involve an amount of trespass, this is all normal and acceptable, it has to be, otherwise it's just a random timber structure and the boundary can only be considered to be there or thereabouts - not good!

The exception would be a fence that required driven posts but even the installation of those will require an element of trespass.
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Re: Fence posts on boundary

Postby ParallelLines » Thu Jan 22, 2015 11:50 pm

OK I'll throw one in :D .

With my neighbour we have a shared fence and there are clear boundary posts. However the fence is laid on our side, about 5- 10cm from the posts. Fence predates both us and neighbours.

Now I know were I to ask for it to be moved I would come accross as a vexatious neighbour but this fence runs down the side of our house and our access path is pretty tight. Just in that area another 7cm would be helpful becauese it is pretty tight. Also neighbour has jammed his greenhouse against the fence forcing it further our way, it is literally bowing the fence.

Trivial but just a bit annoying.
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Re: Fence posts on boundary

Postby MacadamB53 » Fri Jan 23, 2015 12:25 am

Hi PL,

not sure I follow what you mean by:

"the fence is laid on our side, about 5- 10cm from the posts"

is the 5-10cm the posts?

Kind regards, Mac
PS do you know who put the fence up?
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Re: Fence posts on boundary

Postby arborlad » Sun Jan 25, 2015 6:25 pm

[/quote]
ParallelLines wrote:OK I'll throw one in :D .

With my neighbour we have a shared fence and there are clear boundary posts. However the fence is laid on our side, about 5- 10cm from the posts. Fence predates both us and neighbours.

Now I know were I to ask for it to be moved I would come accross as a vexatious neighbour but this fence runs down the side of our house and our access path is pretty tight. Just in that area another 7cm would be helpful becauese it is pretty tight. Also neighbour has jammed his greenhouse against the fence forcing it further our way, it is literally bowing the fence.

Trivial but just a bit annoying.


MacadamB53 wrote:Hi PL,

not sure I follow what you mean by:

"the fence is laid on our side, about 5- 10cm from the posts"

is the 5-10cm the posts?

Kind regards, Mac
PS do you know who put the fence up?



These two posts would be better on your own thread.
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