My Neighbour Replaced My Fence

Re: My Neighbour Replaced My Fence

Postby jonahinoz » Sat Aug 13, 2016 8:05 pm

But yes, it is on our boundary line and is shown on the deeds to the house as being our responsibility.

Hi,

The above is from Reena's original post.

A boundary is an invisible edge between two properties. If this is Reena's responsibility, then the fence posts should be totally on Reena's side of the boundary. ... I think.

My feelings are that if the fence panels are merely slotted into the posts, and can be lifted out, the man with the Bill of Sale has a strong argument that they still belong to him. But if they are nailed to the posts, then they have become part of the fence, and belong to Reena. But hey, what do I know? And anyway, I would think twice before trying to explain British property law to somebody from Poland ... history has taught them to fight for their land.

John W
jonahinoz
 
Posts: 1342
Joined: Fri Aug 05, 2011 5:15 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: My Neighbour Replaced My Fence

Postby arborlad » Sun Aug 14, 2016 9:02 am

Collaborate wrote:
Reena wrote: It sits on the original boundary line so it's nether on their side or ours. When the new fence was put up all they did was fit new gravel boards and fence panels, the concrete posts that we put in ourselves are still there, they just slotted them in.



The problem you have with the principle referred to by Arborlad



That was specific to the comment from JohnW, although I'm pleased to see that you no longer cite the 'vast case summary' malarkey to refute it.





As you say it straddles the boundary, the fence is jointly owned. You own the posts and they own the rest.




..............a novel concept :)
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: My Neighbour Replaced My Fence

Postby Collaborate » Fri Aug 19, 2016 9:01 am

arborlad wrote:
Collaborate wrote:
Reena wrote:

That was specific to the comment from JohnW, although I'm pleased to see that you no longer cite the 'vast case summary' malarkey to refute it.



I have given up trying to get you to read the case law. You demanded I back up my opinion of the law. I linked you to the case law. You refused to read it. I can only try and spoon feed you. I cannot force you to swallow.
Collaborate
 
Posts: 1122
Joined: Mon Feb 23, 2015 10:17 am

Re: My Neighbour Replaced My Fence

Postby arborlad » Fri Aug 19, 2016 2:01 pm

Collaborate wrote:
arborlad wrote:
Collaborate wrote:


I have given up trying to get you to read the case law. You demanded I back up my opinion of the law. I linked you to the case law. You refused to read it. I can only try and spoon feed you. I cannot force you to swallow.




That is a gross distortion of the facts................don't forget it was originally cited to exist by someone who has the firmly held belief that I am impersonating Pilman :lol: :roll:
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: My Neighbour Replaced My Fence

Postby COGGY » Sat Aug 20, 2016 7:46 pm

This post is totally confusing to me. I do not know how the law would affect the situation, but in my mind if the neighbour paid for the fence, then the fence belongs to him. The fence is in place, everyone is happy, so I do not see any problem. I think the neighbour discussed the situation merely out of courtesy. Why does it matter who owns it? Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: My Neighbour Replaced My Fence

Postby Roblewis » Sat Aug 20, 2016 9:00 pm

Coggy

Some might argue about the thickness of a fence post which is all of 4 inches :D
Roblewis
 
Posts: 1764
Joined: Mon Jan 24, 2011 12:41 pm

Re: My Neighbour Replaced My Fence

Postby COGGY » Sat Aug 20, 2016 9:21 pm

Oh I don't agree Roblewis, surely a fence post is 5 inches? :roll:
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: My Neighbour Replaced My Fence

Postby despair » Sun Aug 21, 2016 6:12 am

Concrete posts and oak posts may well be 5 inches but common or garden fence posts are only 3 or 4 inches
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: My Neighbour Replaced My Fence

Postby COGGY » Sun Aug 21, 2016 10:48 am

I really don't know about the thickness of fence posts Despair. My other half would deal with that. I was just trying to be funny. Regards Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: My Neighbour Replaced My Fence

Postby arborlad » Mon Aug 22, 2016 1:19 pm

COGGY wrote:This post is totally confusing to me. I do not know how the law would affect the situation, but in my mind if the neighbour paid for the fence, then the fence belongs to him. The fence is in place, everyone is happy, so I do not see any problem. I think the neighbour discussed the situation merely out of courtesy. Why does it matter who owns it? Coggy




The fence has a purpose - to define and secure the land of its owner, if you don't know who owns - it you don't know how much land you've got.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: My Neighbour Replaced My Fence

Postby COGGY » Mon Aug 22, 2016 6:50 pm

Thank you Arborlad, I have learnt so much from this site and find it all really interesting. Regards Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Previous

Return to Fences

Who is online

Users browsing this forum: No registered users and 1 guest