Possible Boundary problem?

Re: Possible Boundary problem?

Postby MacadamB53 » Fri Mar 11, 2016 6:28 pm

libbo2003 wrote:I hope i have a result here, i have managed to speak to the previous owner of my house, and she has told me she paid entirely for the fence to be changed and that the previous owners of the next door house did not contribute in any way to the costs. she is going to send me a letter stating that. Will that help to me to now take ownership of the fence?
not unless that statement makes it clear that the replacement fence was built entirely on your land, otherwise your predecessor merely replaced what was already there - a party fence.

Kind regards, Mac
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Re: Possible Boundary problem?

Postby Collaborate » Fri Mar 11, 2016 6:55 pm

MacadamB53 wrote:not unless that statement makes it clear that the replacement fence was built entirely on your land, otherwise your predecessor merely replaced what was already there - a party fence.

Kind regards, Mac


+1
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Re: Possible Boundary problem?

Postby libbo2003 » Sat Mar 12, 2016 4:45 am

So basically you are saying he can do what he wants to that fence, provided, he does not change the height or style?
i might as well do nothing and allow the fence to collapse, and let him carry out all future repairs.
It seems a vast majority of houses in my street claim one fence is theirs according to their SPIF they received, are all paying to maintain Party fences. So what does the PWA do?
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Re: Possible Boundary problem?

Postby MacadamB53 » Sat Mar 12, 2016 8:18 am

Hi libbo,

i might as well do nothing and allow the fence to collapse, and let him carry out all future repairs.

yes, that's your prerogative - not particularly neighbourly or in keeping with the wording of the original conveyance though - and perfectly lawful.

the PWA has nothing to do with fences so let's not go there...

Kind regards, Mac
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Re: Possible Boundary problem?

Postby despair » Sat Mar 12, 2016 11:49 am

This OPs neighbour is most certainly not being least bit neighbourly

Instead they are an out and out bully
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Re: Possible Boundary problem?

Postby libbo2003 » Sat Mar 12, 2016 1:00 pm

Thanks for all the help guys tbh last spring I repaired 2 posts and replaced 2 panels and never received a penny towards the costs. So i feel if he wants this panel changed he is more then welcome to pay for it himself, now that I know it is a party fence.
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Re: Possible Boundary problem?

Postby COGGY » Sat Mar 12, 2016 1:39 pm

Well it probably is a party fence but have you actually asked your Vendor if they put the new fence on the same site as the previous fence or inside their own property? Until you know this there is still some doubt. COGGY
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Re: Possible Boundary problem?

Postby libbo2003 » Sun Mar 13, 2016 5:26 am

No tbh it looks like the previous vendor had put the fence astride both our properties. So I will go with you can repair it yourself route when he starts to get heavy again. he can share the cost of maintaining it if he wants too.
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Re: Possible Boundary problem?

Postby MacadamB53 » Sun Mar 13, 2016 9:28 am

Hi libbo,

it looks like the previous vendor had put the fence astride both our properties

how so?

Kind regards, Mac
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Re: Possible Boundary problem?

Postby Eliza » Sun Mar 13, 2016 11:47 am

MacadamB53 wrote:Hi libbo,

it looks like the previous vendor had put the fence astride both our properties

how so?

Kind regards, Mac


I think fence posts are 4" wide - so, presumably, previous owner of OP's house put those fence posts in such a position that 2" of their width is in the neighbours garden and the other 2" of their width is in OP's garden. Thus the fence would be astride both properties.

So if the deeds say its a party fence (as they seem to quite clearly) and the fence has been put astride the boundary - then its a party fence whatever way one looks at it.

If the entire 4" width of the fence posts were in OP's garden - then matters would be rather more unclear.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Possible Boundary problem?

Postby MacadamB53 » Sun Mar 13, 2016 12:01 pm

Eliza wrote:
MacadamB53 wrote:Hi libbo,

it looks like the previous vendor had put the fence astride both our properties

how so?

Kind regards, Mac


I think fence posts are 4" wide - so, presumably, previous owner of OP's house put those fence posts in such a position that 2" of their width is in the neighbours garden and the other 2" of their width is in OP's garden. Thus the fence would be astride both properties.

So if the deeds say its a party fence (as they seem to quite clearly) and the fence has been put astride the boundary - then its a party fence whatever way one looks at it.

If the entire 4" width of the fence posts were in OP's garden - then matters would be rather more unclear.
ignoring the unlikely probability that the predecessor did place each fence post astride the boundary - how would anyone now know he had?

Kind regards, Mac
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Re: Possible Boundary problem?

Postby Eliza » Sun Mar 13, 2016 1:54 pm

The same could be said in reverse - ie how would anyone prove they werent[b][/b] astride the boundary.

I guess you are referring to this "general boundary rule" which can go plus/minus 18" either way. But, at a guess, there are some other boundary features there that make it pretty obvious what exact inch worth that boundary line is on iyswim?
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Possible Boundary problem?

Postby MacadamB53 » Sun Mar 13, 2016 6:50 pm

Hi Eliza,

I'd prefer to wait for the OP to come back and clarify what they meant by:

it looks like the previous vendor had put the fence astride both our properties

Kind regards, Mac
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Re: Possible Boundary problem?

Postby libbo2003 » Mon Mar 14, 2016 6:20 am

I can see judging by our parapet wall between our two joining roofs that the fence is roughly positioned to the centre of that. So I would presume on both our boundaries. hope that helps.
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Re: Possible Boundary problem?

Postby MacadamB53 » Mon Mar 14, 2016 8:14 am

libbo2003 wrote:I can see judging by our parapet wall between our two joining roofs that the fence is roughly positioned to the centre of that. So I would presume on both our boundaries. hope that helps.
thanks - best check whether your rough check is accurate...
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