i buy, but whose fence

Re: i buy, but whose fence

Postby arborlad » Thu Jun 16, 2016 9:09 am

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Re: i buy, but whose fence

Postby arborlad » Thu Jun 16, 2016 9:36 am

jonahinoz wrote:Hi,

My understanding, and I'm happy to be corrected, is that if you buy a fence post, it is your fence post ... right up until the time that you plant it in your neighbour's garden, at which time it becomes part of your neighbours property. ???


John W



This defines it quite nicely: Quicquid plantatur solo, solo cedit , "whatever is affixed to the soil belongs to the soil"...
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Re: i buy, but whose fence

Postby MacadamB53 » Thu Jun 16, 2016 9:48 am

Hi John W,

I would rather erect my own fence, on my side of the boundary, and lose four inches.

wise words - shared boundary features are rarely a good idea IMHO.

Kind regards, Mac
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Re: i buy, but whose fence

Postby arborlad » Thu Jun 16, 2016 2:48 pm

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Re: i buy, but whose fence

Postby nigelrb » Thu Jun 16, 2016 3:28 pm

Putting aside legalities of who is legally responsible for the fence, I feel the 'neighbour' has a damn hide pouring paint over, and attaching trellis to a brand new fence he made NO contribution to!!
Life is never what it seems; there is always two sides to every story.
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Re: i buy, but whose fence

Postby Collaborate » Thu Jun 16, 2016 5:06 pm

nothingtodowithme wrote:This defines it quite nicely: Quicquid plantatur solo, solo cedit , "whatever is affixed to the soil belongs to the soil"...
arborlad


There is vast case summary in relation to what is attached to the soil belongs to the soil;none of which includes a fence that may or may not straddle a boundary.
The tort of trespass would be applicable in such situations and to quote this phrase as an answer to whether or not a fence is encroaching is incorrect.
It is important on an open forum such as garden law to assist posters with correct information;especially in matters relating to court protocol and bringing the correct actionable cause of action in a probable case. :|


I agree with you, but people need to read the case law to understand that, and be able to understand how case law works. I'm not sure that everyone cares to do that.
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Re: i buy, but whose fence

Postby arborlad » Thu Jun 16, 2016 9:17 pm

Collaborate wrote:I agree with you, but people need to read the case law to understand that, and be able to understand how case law works. I'm not sure that everyone cares to do that.



That's rather insulting :roll: ..............and with no case law to read - how are we to know!
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Re: i buy, but whose fence

Postby sandwich1 » Sat Jun 18, 2016 12:03 pm

Hi again ,to date i have not approached my neighbour, about the fence situation, he will be waiting for me to confront him so i will let him stew for a while .why i still try to sort out the legalities,we know from many experiences that he hates people who speak quietly and states facts , he gets tongue twisted just shouts and spouts out b*****ks and retreats indoors. Once even spoke to my wife through his letter box, when she went around to complain about his drilling at 11pm. We and the majority of the other neighbours have had issues with these people. Bide our time .
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Re: i buy, but whose fence

Postby despair » Sat Jun 18, 2016 4:27 pm

You could slap DARK BROWN paint /stain on your side so it runs all over his red cedar and see what happens

or that awful golden oak colour
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Re: i buy, but whose fence

Postby jonahinoz » Sun Jun 19, 2016 7:28 am

My understanding, and I'm happy to be corrected, is that if you buy a fence post, it is your fence post ... right up until the time that you plant it in your neighbour's garden, at which time it becomes part of your neighbours property. ???

Hi,

I said I'd be happy to be corrected, I have been corrected, and I'm happy.

In common with the OP, I replaced my neighbours fence, at my own expense, as I felt I should not demand that he make provision to keep my dog off his property. The original fence was rather "flappy".

I now understand that the new fence is still MY fence, so I can take it away again, any time I like. Of course, that leaves the question of what happened to the old fence. Several bonfires. But my neighbour agreed to me replacing the fence, and he is quite elderly. If he pops his clogs before I do, his son will inherit. Will his son, or any other owner, be able to demand the old fence back? I do not anticipate there being a problem, just interested.

John W
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Re: i buy, but whose fence

Postby Collaborate » Sun Jun 19, 2016 7:52 am

If you offer to replace your neighbour's car, it be comes their car.

Their fence is no different.
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Re: i buy, but whose fence

Postby arborlad » Sun Jun 19, 2016 8:47 am

jonahinoz wrote:Hi,

My understanding, and I'm happy to be corrected, is that if you buy a fence post, it is your fence post ... right up until the time that you plant it in your neighbour's garden, at which time it becomes part of your neighbours property. ???


John W




No need - you are correct.
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Re: i buy, but whose fence

Postby Roblewis » Sun Jun 19, 2016 9:03 am

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
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Re: i buy, but whose fence

Postby arborlad » Sun Jun 19, 2016 9:40 am

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 :)
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Re: i buy, but whose fence

Postby arborlad » Sun Jun 19, 2016 10:45 am

nothingtodowithme wrote:It appears to me that the OP is more bothered about the fact the fence is in the wrong position;which baffles me to be honest. :shock:



I can find no mention of that.
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