fence access

Re: fence access

Postby Eliza » Thu Oct 08, 2015 7:51 am

arborlad wrote:
COGGY wrote:
His house over looks us, I have the nice side , he has the other so I take it the fence is his.


This is a misconception. In the past when we were being "neighbourly" we erected a fence between us and our "neighbours". In the interests of "neighbourliness" we gave them the good side. This does not mean that we gifted the fence to them.

Kind regards Coggy



Sorry, but the misconception is yours.

A fence with a post and rail type construction should have the posts and rails on the owners side.


When you say "should" - I take that as "it SHOULD" - but does it mean "HAS to". That is, is there a law that states "posts and rails must be on the owners side"??

In your position - I would certainly ask what work he wanted to do and have expected to be "asked" and not "told". That's the proper way to phrase things - and, when I wanted access to a neighbours land for recent work, I certainly phrased it as "I wonder if you would mind please..." and told them what I wanted the access for. It was duly granted and everything was fine. So, I would also tell the neighbour that you expected to be "asked" and not "told" for any requests.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: fence access

Postby COGGY » Thu Oct 08, 2015 11:01 am

Hi Aborlad

A fence with a post and rail type construction should have the posts and rails on the owners side.


Thank you for the above information. I certainly did not know this and will pass the information on to our daughter who will need a new fence somewhen in the near future.

I am so glad I found this site which contains a lot of useful information.

Kind regards Coggy
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Re: fence access

Postby Collaborate » Thu Oct 08, 2015 12:37 pm

I think Arborlad is talking about best practice rather than it being a legal requirement. :wink:
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Re: fence access

Postby COGGY » Thu Oct 08, 2015 12:38 pm

Hi Collaborate

Thanks, but I am interested from the safety aspect.

Regards Coggy
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Re: fence access

Postby cleo5 » Thu Oct 08, 2015 1:04 pm

I'm probably wrong but it looks to me that he just wants to creosote his fence your side in order to preserve it or make it look better. Very clear photos by the way.
Looks like the wall is yours and fence his.
Ask him why he needs access and what he's planning to do.
It's certainlt high enough as it is so he wouldn't want to be adding height to it.
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Re: fence access

Postby MacadamB53 » Thu Oct 08, 2015 1:50 pm

Collaborate wrote:I think Arborlad is talking about best practice rather than it being a legal requirement. :wink:

from a 'legal' viewpoint, you wouldn't have a leg to stand on if you sought injunctive relief for your neighbour's trespass/encroachment after constructing your fence the 'wrong' way (eg after he's laid a patio flush to the fence between the posts...)

Kind regards, Mac
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Re: fence access

Postby Collaborate » Thu Oct 08, 2015 2:23 pm

Actually, isn't it easier for you to access your fence if the panels are on your side?

Anyway, this sticky posting viewtopic.php?f=4&t=2247 contains this nugget:
There is no legal presumption about the ownership of fences according to the position of the fence posts. The fact that traditionally you showed the good side of a fence you were responsible for to your neighbour is no more than tradition.
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Re: fence access

Postby COGGY » Thu Oct 08, 2015 2:29 pm

I think this thread has wandered a bit from the original question.

My neighbours fence separates us from them, it on the boundary line (barret housing, 16 years old)
His house over looks us, I have the nice side , he has the other so I take it the fence is his.
The opposite side of our garden is the other way round.
something happened the other evening, nothing to do with this subject.
He has been having a lot of work done in his garden, decking etc.
Now he didnt ask me at all, he just came out with "Im having work done to the fence and I will need access to your side", no asking, just telling me.
First, I didnt ask like an idiot what kind of work, second, does he have the right to come onto my land to do what ever he is having done.
The fence doesnt need maintaining, its perfect.
Thanks for any advice.


The OP has made no mention of an injunction. He is asking for advice.

Kind regards Coggy
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Re: fence access

Postby jonahinoz » Tue Oct 13, 2015 8:54 am

Hi,

I was told, a long, long, time ago, that if you refused access to a neighbour, they could get a court order ... but if you agreed to let them have access, at an exhorbinant price, they couldn't get a court order. I've oft wondered if it was correct. ???

Whatever, advise your neighbour that you will be doing some work in ... Oh ... about 2017, and will be requiring access to his garden. :twisted:

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Re: fence access

Postby arborlad » Thu Oct 15, 2015 9:58 am

doogydawg wrote:First, I didnt ask like an idiot what kind of work, second, does he have the right to come onto my land to do what ever he is having done.
The fence doesnt need maintaining, its perfect.
Thanks for any advice.



There's no visible defects, but his fence, like yours, is in need of a coat of preservative.

Access of this kind, which is mutually beneficial, is by permission, which is never usually refused. You will need the same access and permission from your other neighbour to treat your fence.




Collaborate wrote:Actually, isn't it easier for you to access your fence if the panels are on your side?



It's not a panel fence.
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Re: fence access

Postby Collaborate » Thu Oct 15, 2015 10:26 am

If the panels fall off and need nailing back on, then the panels being on your side makes the job easier.
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Re: fence access

Postby arborlad » Thu Oct 15, 2015 2:20 pm

Collaborate wrote:If the panels fall off and need nailing back on, then the panels (featherboards) being on your side makes the job easier.



..........and your land less secure!
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Re: fence access

Postby Collaborate » Thu Oct 15, 2015 2:39 pm

arborlad wrote:
Collaborate wrote:If the panels fall off and need nailing back on, then the panels (featherboards) being on your side makes the job easier.



..........and your land less secure!


We're not dealing with medieval castles!! Or are you a Tory MP with a moat? :wink:
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