i buy, but whose fence

Re: i buy, but whose fence

Postby Collaborate » Sun Jun 19, 2016 12:06 pm

arborlad wrote:
Roblewis wrote:Unless of course you put the fence on your land at which point it is YOUR fence regardless of any T or H marks or deed statements :D :D :D



In either circumstances, this: Quicquid plantatur solo, solo cedit , "whatever is affixed to the soil belongs to the soil".......will operate as it should :)


Where the primary means of deciding who the soil belongs to is the position of the fence, this rule is difficult to apply to fences.
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Re: i buy, but whose fence

Postby Roblewis » Sun Jun 19, 2016 8:55 pm

With the legal presumption is that you fence to the fullest extent of your land the location of any new fence on your side of a fence could well be seen as upon your land
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Re: i buy, but whose fence

Postby arborlad » Sun Jun 19, 2016 9:39 pm

Collaborate wrote:
arborlad wrote:
Roblewis wrote:Unless of course you put the fence on your land at which point it is YOUR fence regardless of any T or H marks or deed statements :D :D :D



In either circumstances, this: Quicquid plantatur solo, solo cedit , "whatever is affixed to the soil belongs to the soil".......will operate as it should :)


Where the primary means of deciding who the soil belongs to is the position of the fence, this rule is difficult to apply to fences.



On the contrary- it is eminently suited to fences, not sure why you're having difficulty understanding that.

This thread is fast becoming a repeat of the other thread where vast case law/summary was reputed to exist - but failed to materialise!
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Re: i buy, but whose fence

Postby Collaborate » Sun Jun 19, 2016 10:58 pm

It did, and was linked to the thread. You just couldn't be bothered to read it.
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Re: i buy, but whose fence

Postby despair » Mon Jun 20, 2016 4:46 pm

If anyone had just paid for a brand new fence and their neighbour had the brass necked cheek to slap red cedar paint all over it and ad crappy trellis i believe they have every right going to be extremely angry
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Re: i buy, but whose fence

Postby arborlad » Mon Jun 20, 2016 4:52 pm

despair wrote:If anyone had just paid for a brand new fence



We don't know how much of the previous fence they shared costs on remains - posts possibly.
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Re: i buy, but whose fence

Postby arborlad » Mon Jun 20, 2016 5:19 pm

arborlad wrote:
despair wrote:If anyone had just paid for a brand new fence



We don't know how much of the previous fence they shared costs on remains - posts possibly.



We also have to take into consideration the intention of the two landowners when the fence was being erected.
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