is an agreement drawn up by previous occupants still valid?

is an agreement drawn up by previous occupants still valid?

Postby janerileybrownowl » Wed Dec 30, 2015 7:53 pm

an agreement regarding a fence was drawn up between the previous owners of the property I live in and the previous owners of the property next door. Under the agreement, the previous owners of my property erected a 6 foot high close boarded fence and the previous owners of next door were relieved of their obligation to maintain a fence.
We erected a fence along the first part of the boundary where there was no six foot fence, and we replaced the existing fence at considerable expense. In 2000 the previous next door neighbours moved out. The current next door neighbours believe that under the terms of the agreement they are not responsible for the boundary. They have asked for fence panels to be replaced. They attach ivy and climbing plants to the fence which damage it. It has been damaged in the winds. Divorced now, I cannot afford to repair it. Is the agreement between previous owners still valid, or is the boundary really theirs?
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Re: is an agreement drawn up by previous occupants still val

Postby MacadamB53 » Wed Dec 30, 2015 9:08 pm

Hi Jane,

what your predecessors did is a load of pointless nonsense - I doubt it was even 'valid' (enforceable) then let alone now.

neither party must have a fence (or any other boundary feature) at all, and you're certainly not under any obligation to maintain or repair your existing fence (although you may be found liable if it causes damage).

if it is in a state of disrepair and you can't afford a like-for-like replacement just install post & wire to mark the edge of your land.

if the neighbour has designs on a like-for-like then he can always erect one of his own flush to the post & wire (which could then be removed to avoid confusion).

Kind regards, Mac
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Re: is an agreement drawn up by previous occupants still val

Postby stufe35 » Wed Dec 30, 2015 9:51 pm

Mac has pretty much summed it up imho.
The word responsible in association with boundaries should be abolished.

A boundary is an infinitely thin line between 2 properties..that is all.

Now we move to boundary features...a fence for example is a boundary feature. It will normally / ideally be erected adjacent to the boundary line. The person(s) who funds it erection is its owner.

Just as with your car, it is up to you what you do with it as time passes. You can maintain it or not. And at the end of its life replace it or not. You have no obligation to your neighbour other than to ensure it does not fall over onto their land (for example).

As a general rule It is a good idea to demarcate the position of your boundary line in agreement with your neighbour to remove the possibility of boundary line position dispute in the future. This could just be a row of markers of some kind, doesn't need to be a fence.

Hope that helps you understand your position.
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Re: is an agreement drawn up by previous occupants still val

Postby Collaborate » Thu Dec 31, 2015 9:10 am

You own the fence. they should not allow their plants to damage it. Ask them to compensate you for the damage they have caused.

As the others have said, you don't have to replace it.
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Re: is an agreement drawn up by previous occupants still val

Postby COGGY » Thu Dec 31, 2015 12:21 pm

Have you read



Fencing and other positive covenants


by Conveyancer » Wed Oct 05, 2005 12:26 am


at the start of this section?
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