Fence advice please

Fence advice please

Postby Quitelife » Fri Sep 25, 2015 4:54 pm

Hi

Next door neighbour has decided the party fence is in need of replacement and has asked for money my issues are as follows.

1. He obtained quotes and pretty much gave someone the job before even approaching us
2. The fence is not marked in our deeds as being a party fence there are no T or H marks for any of the fences around our boundary
3. He has replaced panels in the past without approaching us first and has also added trelace fencing to two of the panels .
4. We simply do not have the money he is asking for

I have written to him and said we do not believe the fence to be in need of replacement and as such do not feel we should be paying for the works. He now keeps writing to us and being a general nuisance in regards to this and highlighting what he calls legal matters from the land registry which are just mentioning things in general it does not mention the fence in question. My partner is under a great deal of stress and anxiety at the moment due to personal matters and its really beginning to upset her.

I'm half tempted to tell them we consider this harassment now
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Re: Fence advice please

Postby Collaborate » Fri Sep 25, 2015 6:30 pm

Forget the title plan. It's the words in the title that determine whether the fence is a party fence.

In my house the LR deeds are silent, but the original 1936 conveyance states the fences clearly to be party fences. If you LR title is silent you need to look at the pre-registration deeds if you have them.

If your neighbour thinks it's a party fence, ask him for the proof.

No matter whose fence it is he can't force you to pay for a replacement.
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Re: Fence advice please

Postby despair » Fri Sep 25, 2015 7:11 pm

DITTO


He decided without consultation

He chose the quote
He ordered the work

You have never agreed to it

Tell him to sling his hook
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Re: Fence advice please

Postby COGGY » Fri Sep 25, 2015 8:10 pm

Despair

I totally agree with your post. It also really made me laugh. Coggy
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Re: Fence advice please

Postby MacadamB53 » Fri Sep 25, 2015 8:28 pm

Hi Quitelife,

I'm not sure what 'legal matters' your neighbour is referring to, but he is confused if he thinks you owe him any money...

scenario 1 - the fence stands completely on your land
on the one hand he's been unlawfully meddling with your property, on the other he's gifted you a new fence (very generous of him)

scenario 2 - the fence stands completely on his land
cheeky sod asking you to pay towards his property (wonder if he'd return the favour when you get a new car...)

scenario 3 - the fence straddles the boundary and therefore stands on both lands
both of you should agree to any replacements beforehand - you both own a half-share of every panel and post after all - so he's done you wrong by taking something that wasn't his to take (but he's replaced it so all is well...)

Kind regards, Mac
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Re: Fence advice please

Postby mr sheen » Fri Sep 25, 2015 9:15 pm

He who wants a fence, pays for it.
There is no compulsion to have a fence, or repair or replace an existing one.
It's nice when neighbours work together to get a boundary feature they both are happy with but neither can impose costs on the other. If he does pay though, he also chooses everything and you have no say.
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Re: Fence advice please

Postby Collaborate » Fri Sep 25, 2015 10:33 pm

mr sheen wrote:He who wants a fence, pays for it.
There is no compulsion to have a fence, or repair or replace an existing one.
It's nice when neighbours work together to get a boundary feature they both are happy with but neither can impose costs on the other. If he does pay though, he also chooses everything and you have no say.


I disagree that he would get to choose everything. If the fence is a party fence it can only be replaced with the same type of fence at the same height unless both owners agree otherwise.
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Re: Fence advice please

Postby mr sheen » Sat Sep 26, 2015 7:52 am

Collaborate wrote:
mr sheen wrote:He who wants a fence, pays for it.
There is no compulsion to have a fence, or repair or replace an existing one.
It's nice when neighbours work together to get a boundary feature they both are happy with but neither can impose costs on the other. If he does pay though, he also chooses everything and you have no say.


I disagree that he would get to choose everything. If the fence is a party fence it can only be replaced with the same type of fence at the same height unless both owners agree otherwise.


How would you enforce your view???
If a neighbour wants to replace a fence, he can physically do that and replace it with whatever he chooses.....how can you enforce any criteria?
The courts seriously frown upon trivial neighbour disputes and if it was law that both neighbours had to agree on a party fence and that any fence had to be replaced with same height and type, the legal system would be overwhelmed with trivial disputes...so common sense dictates about what is enforceable and a neighbour cannot enforce the type and height of a fence paid for and erected by someone else.
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Re: Fence advice please

Postby MacadamB53 » Sat Sep 26, 2015 9:27 am

Hi mr sheen,

he could take it down and tell the neighbour to erect it on his own land.

Kind regards, Mac
PS you did ask...
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Re: Fence advice please

Postby mr sheen » Sat Sep 26, 2015 2:40 pm

MacadamB53 wrote:Hi mr sheen,

he could take it down and tell the neighbour to erect it on his own land.

Kind regards, Mac
PS you did ask...


Yeah courts love people who take action described as self-help as oppose to behaving like law-abiding citizens and resolving disputes in a civil manner. Resort to self-help and the legal system will probably not help you.
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Re: Fence advice please

Postby MacadamB53 » Sat Sep 26, 2015 8:35 pm

Hi mr sheen,

given that neighbour B is not likely to be persuaded to take the fence down (especially if he gets wind of your advice that his receipts prove his full ownership anyway), the matter is too trivial for the courts, and you think self-help is not law-abiding or civil, what actually is your advice for neighbour A who has come home to find his fence has been unexpectedly replaced with something he does not want?

Kind regards, Mac
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Re: Fence advice please

Postby mr sheen » Sun Sep 27, 2015 8:55 am

MacadamB53 wrote:Hi mr sheen,

given that neighbour B is not likely to be persuaded to take the fence down (especially if he gets wind of your advice that his receipts prove his full ownership anyway), the matter is too trivial for the courts, and you think self-help is not law-abiding or civil, what actually is your advice for neighbour A who has come home to find his fence has been unexpectedly replaced with something he does not want?

Kind regards, Mac

Mac
I never provide advice to anyone here since I do not have all the evidence but merely an account from one side with a vested interest. I merely make comments about the possible legal/common sense position and occasionally say what I personally might do in the circumstances described.
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Re: Fence advice please

Postby MacadamB53 » Sun Sep 27, 2015 9:48 am

Hi mr sheen,

so common sense, in your opinion appears to be "live with it"?

Kind regards, Mac
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Re: Fence advice please

Postby Quitelife » Sun Sep 27, 2015 6:16 pm

Thanks everyone for your thoughts, we are telling him we are not paying for work we don't want doing but he keeps posting notes through our door., I'm trying to remain polite but I'm really starting to get a bit annoyed with the hounding. Ive told him out right if he wants the work done he pays for it, but he keeps on about its our responsibility to help cover the costs . I think he simply wants all his fencing the sane he even said in letter number 4 that he expects us to cover costs of another fence he believes to be a party fence , I just want him to do one in all honesty and leave us alone.
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Re: Fence advice please

Postby COGGY » Sun Sep 27, 2015 8:03 pm

Hi

Are you keeping all his letters and notes? You could send him a letter by recorded delivery, so he cannot deny receiving it, telling him that if he does not stop his harrassment you will have no choice but to involve the police. You can print a copy on line of who signs the receipt when the letter is delivered.
Coggy
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