Broken fence dispute - advice please?

Re: Boundary dispute encroachment bully neighbours

Postby span » Sun Oct 09, 2016 6:57 am

Remove their stuff. Return their stuff to them. Install your own fence.
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Re: Broken fence dispute - advice please?

Postby arborlad » Sun Oct 09, 2016 8:17 am

arborlad

smile...it confuses people
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Re: Boundary dispute encroachment bully neighbours

Postby despair » Sun Oct 09, 2016 9:44 am

There is no doubt they had no right to attach anything to your fence

the new fence looks like a really good job tight up to your boundary post which they are entitled to do

as to your first photos it look to me like the posts have either snapped off near ground level or were in no way long enough because they should be 18 or 24 inches below ground level

I do know that in many soils you are lucky to get posts to last 5 yrs never mind 8
so whilst I do not condone the neighbour/tenants actions I think you could easily repair the panels and install new posts

I certainly have done it in the past and then given the fence a good coat of fence treatment
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Re: Broken fence dispute - advice please?

Postby arborlad » Sun Oct 09, 2016 10:11 am

despair wrote:There is no doubt they had no right to attach anything to your fence

the new fence looks like a really good job tight up to your boundary post which they are entitled to do

as to your first photos it look to me like the posts have either snapped off near ground level or were in no way long enough because they should be 18 or 24 inches below ground level

I do know that in many soils you are lucky to get posts to last 5 yrs never mind 8
so whilst I do not condone the neighbour/tenants actions I think you could easily repair the panels and install new posts

I certainly have done it in the past and then given the fence a good coat of fence treatment
arborlad

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Re: Broken fence dispute - advice please?

Postby arborlad » Sun Oct 09, 2016 12:29 pm

andy12 wrote: The 4 8ft wooden posts were 3inch square and were set in 2ft concrete.




There's you biggest problem, 3" posts are insufficient for that height of fence, they should've been 4".

One post seems to have broken, another has rotted and the other was barely 12" into the ground.
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Re: Broken fence dispute - advice please?

Postby andy12 » Sun Oct 09, 2016 6:47 pm

The short concrete post shown has nothing to do with the boundary with the neighbours at the back of my garden. The corner wooden boundary post in question was removed by the neighbours, without my permission, when they erected a new fence.

My question to Despair: If a neighbour builds into my land by 6 inches, is this encroachment?

The fence posts were 8ft and 24 inches of that were set into concrete, not in soil.

I didn't do anything to fix my fence as they delayed 2 months in coming to meet me/see the damage. They refused any liability but said they were going to build their own fence instead. So, I have gone to Small Claims court but during this, they built their new fence, on my land, removing my boundary post (which had been a boundary line for 40 years).

Also, does anyone know if the fence (at back of my garden, and to left side of theirs) is mine or their responsibility (as no T markings on Land Registry plan)? What steps do you think I should take to get the fence taken back into their own land? Can I claim costs on any legal advice I get if I'm in the right?

Thankyou everyone for the kind input.
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Re: Broken fence dispute - advice please?

Postby andy12 » Wed Nov 16, 2016 1:35 am

Hi Forum members,
Does anyone have any knowledge on Land Registry and Deeds please? I'm trying to find out if I'm responsible for the northern and eastern boundaries in my back garden. It states this at the bottom of the Deeds yet it does not show any 'T' markings on the diagram. I have copied below the relevant sections of my Deeds below: -

Schedule of restrictive covenants continued
SECOND SCHEDULE
Stipulations relating to Lots 443 to 470 inclusive.
1. FENCES. Each Purchaser is forthwith to make and afterwards to
maintain a good and sufficient fence next the Road and on the
sides of his lot marked "T" within the boundary. No fence shall
be erected more than 4 feet 6 inches high in front of the building
line or more than 6 feet high behind the building line.

NOTE: The land formed Lot 453. "T" marks as referred to in Clause
1 above affected the Northern and Eastern boundaries.

[/i]My second question is does anyone know of any resource for aerial photos of very good quality / detail please?

My third question is how easy is it to enforce a neighbour to remove a fence which they have built on my land, if that turns out to be the case?

Thanks
Andy
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Re: Broken fence dispute - advice please?

Postby Collaborate » Wed Nov 16, 2016 8:28 am

Your predecessors (the first owners) were required to fence the northern and eastern boundaries. That was a positive covenant (not a restrictive one), although to be enforceable the deeds need to say who had the benefit of it. Further, it isn't directly enforceable against subsequent owners, although subsequent transfer deeds will contain an indemnity by the buyer in favour of the seller in the event that they are sued for breach of the covenant.

In reality before long the original buyer has died or can't be found and so the chain is broken and the covenant becomes unenforceable.

As for your 3rd question, prove it was built on your land and you can either remove it yourself (advisable only if you can do so without causing damage and it was erected very very recently) or take the neighbour to court for trespass.
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Re: Broken fence dispute - advice please?

Postby andy12 » Tue Nov 22, 2016 1:28 am

Thankyou for your quick response Collaborate
I'm a bit unsure about your answer. I've always maintained the fences on the north and east boundaries of the back garden for 40 years. Although the T markings are not shown, am I responsible for these fences?
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Re: Broken fence dispute - advice please?

Postby Collaborate » Tue Nov 22, 2016 8:18 am

andy12 wrote:Thankyou for your quick response Collaborate
I'm a bit unsure about your answer. I've always maintained the fences on the north and east boundaries of the back garden for 40 years. Although the T markings are not shown, am I responsible for these fences?


In law the original owners were responsible, and remain so. To enforce the covenant these people need to be found by your neighbours and taken to court. The original owners, to draw you in to proceedings, would need to show an unbroken chain of indemnity in all subsequent sales, and all owners between them and you would have to be brought in to proceedings.

You can see what in practice it's unenforceable. What are your neighbours going to do if you don't maintain what is after all your fence? Nothing at all.
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