More fencing disputes!

Re: More fencing disputes!

Postby MacadamB53 » Sun May 10, 2015 4:30 pm

Hi Collaborate,

Present him with the bill when it's been done.

really? why?

Kind regards, Mac
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Re: More fencing disputes!

Postby arborlad » Sun May 10, 2015 6:48 pm

sandydee wrote: The actual fence posts that were removed have probably been in place for about 20+



If everything else connected with that fence was of the same vintage, be satisfied with getting your new fence in its correct location.
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Re: More fencing disputes!

Postby Collaborate » Mon May 11, 2015 12:02 am

MacadamB53 wrote:Hi Collaborate,

Present him with the bill when it's been done.

really? why?

Kind regards, Mac


It was a condition of the permission given that the neighbour reinstates the fence. I believe that constitutes an enforceable contract. As the neighbour has breached contract, the OP can recover damages.
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Re: More fencing disputes!

Postby MacadamB53 » Mon May 11, 2015 12:30 am

Hi Collaborate,

so, here's the details of the contract:

He said he would replace the fence when finished

first up, define "finished" - let's agree it's "when the extension is complete"...

Eight months later as the extension is nearing completion

...so, since the extension is not complete, why do you assert the contract has been breached?

anyways, let's not forget that this thread boils down to this:

the neighbour came to us and said he... ...thinks that it had been in the wrong position

I ask again: what is he basing his claim on?

Kind regards, Mac
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Re: More fencing disputes!

Postby arsie » Mon May 11, 2015 8:54 pm

I would make a move sooner rather than later: time leaves him a window of opportunity to act on his proposed land grab, which would give you a real problem. I don't know how or if you responded to his suggestion to relocate the fence? presumably he is waiting for your response.

Best to respond swiftly and decisively and without forewarning. Perhaps tell him, but only on the evening before your contractors come to replace your fence along the established boundary line.

As a matter of interest, does any of his new extension impede or reach over the fence line?
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Re: More fencing disputes!

Postby Roblewis » Mon May 11, 2015 9:50 pm

arsie wrote:I would make a move sooner rather than later: time leaves him a window of opportunity to act on his proposed land grab, which would give you a real problem. I don't know how or if you responded to his suggestion to relocate the fence? presumably he is waiting for your response.

Best to respond swiftly and decisively and without forewarning. Perhaps tell him, but only on the evening before your contractors come to replace your fence along the established boundary line.

As a matter of interest, does any of his new extension impede or reach over the fence line?



+24 and many times more - You cannot wait until he does what he is seeking to do
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Re: More fencing disputes!

Postby Collaborate » Mon May 11, 2015 10:50 pm

MacadamB53 wrote:Hi Collaborate,

so, here's the details of the contract:

He said he would replace the fence when finished

first up, define "finished" - let's agree it's "when the extension is complete"...

Eight months later as the extension is nearing completion

...so, since the extension is not complete, why do you assert the contract has been breached?

anyways, let's not forget that this thread boils down to this:

the neighbour came to us and said he... ...thinks that it had been in the wrong position

I ask again: what is he basing his claim on?

Kind regards, Mac


Don't forget that OP also said I think we'll have to bite the bullet and sort the fence out ourselves if we want to get the fence back up in its original position. I had assumed that next door had made it clear that they were not going to replace the fence where it once stood. In that case, OP doesn't have to wait until the time for complying with the contract has passed. It's called anticipatory breach. It's explained here -http://www.inbrief.co.uk/contract-law/anticipatory-breach-of-contract.htm - but let's not sidetrack the thread. Anyway, nearing completion sounds near enough to me. OP could clarify if my hunch is correct, but I suspect that at some stage pre-completion the purpose of having the fence removed is no longer served. For example you wouldn't expect the neighbour to leave off indefinitely a minor detail of finishing, and be able to argue that the fence must remain down.
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Re: More fencing disputes!

Postby MacadamB53 » Mon May 11, 2015 11:16 pm

Hi all,

this could well be the neighbour, were it not for the fact our OP says they've only lived at their property for nine years...

viewtopic.php?f=4&t=19843

Kind regards, Mac
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Re: More fencing disputes!

Postby Collaborate » Mon May 11, 2015 11:38 pm

MacadamB53 wrote:Hi all,

this could well be the neighbour, were it not for the fact our OP says they've only lived at their property for nine years...

viewtopic.php?f=4&t=19843

Kind regards, Mac


Edited - got my threads mixed up.
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Re: More fencing disputes!

Postby arborlad » Tue May 12, 2015 8:31 am

sandydee wrote:Land Registry plans are not detailed enough to show where the boundary between our properties is.



That is true, but this does.


The actual fence posts that were removed have probably been in place for about 20+ years so the boundary has been established for a long time
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