Fence Definition

Fence Definition

Postby benhuczek » Sat Apr 09, 2005 11:33 am

Sorry to be total plonker, but is there a legal definition of what a fence is? NFH is kicking up a bit! :?
benhuczek
 
Posts: 5
Joined: Sat Apr 09, 2005 11:24 am

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.
 

Postby Danny » Sat Apr 09, 2005 4:20 pm

Don't know about a legal definition of a fence, common sense definition should prevail, it could be metal, wood, plastic or brick (Party fence wall) and I belive limited in height, unless Planning Permission allows different.
Danny
 
Posts: 179
Joined: Thu Mar 17, 2005 5:55 am

Postby despair » Sat Apr 09, 2005 5:31 pm

One famous Judge declared

"A hedge is but another form of fence "
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Postby benhuczek » Sat Apr 09, 2005 6:45 pm

Thanks for thoughts. I didn't think thyere was one; I'll go with the dictionary and wait for court papers. :)
benhuczek
 
Posts: 5
Joined: Sat Apr 09, 2005 11:24 am

Postby nigelrb » Sat Apr 09, 2005 7:03 pm

Hi. The word 'fence' is not formally interpreted in legislation that I'm aware of. Most magistrates dealing with such matters of boundary disputes involving fences usually inform themselves by the interpretation of, 'What is a fence to a "reasonable" person.' That definition is drawn from dictionary cited references - usually Oxford, similar to: A barrier of any material, especially wood, used for defining, protecting, bounding or eclosing land.

The provisions of the Party Wall Act 1966 provide as follows:
"party fence wall" means a wall (not being part of a building) which stands on lands of different owners and is used or constructed to be used for separating such adjoining lands, but does not include a wall constructed on the land of one owner the artificially formed support of which projects into the land of another owner.

Hope this helps.
nigelrb
 
Posts: 1607
Joined: Mon Mar 28, 2005 2:25 pm
Location: Evesham, Worcs.

Postby despair » Sat Apr 09, 2005 7:09 pm

Benuschezk

What is the full problem

You do need to explain whats going on ref your neighbours threats etc
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Postby benhuczek » Sun Apr 10, 2005 9:19 am

OK team, here's where it's at.

Middle of row of terraced cottages c1845. I've had a back extension built and the back garden remodelled. I took my rotting fence down, although just in case, I left the original fence posts in, as there are no clear party lines on the maps or deeds and all the gardens are slightly different. Best to go with the 12year's evidence.

Building work all covered by Surveyor and Party Wall Award at NFH insistence but we have fallen out just the same. So, this is not a Party Wall issue.

NFH has erected a 1.95m fence all round her garden - both sides and back. The bit on my side is completely in her garden with her own fence posts; and after recovering from laughing so hard at the state of her garden, we've accepted it. A bit high aethstetically, but entirely legal and within her rights.

So, on my side of the garden, I've now just left the posts in and understand that while we are enjoying the benefits visually of the extra 30 square feet, it's NFH's land. We're not encroaching - believe me she's been out with the tape measure; and we're not marking the fence in any way and have no intentions to.

I just received a letter claiming that her fence is only temporary and demanding (yes, demanding) that I reinstate my fence on the original fence line or she'll go legal on me! I couldn't find a statutory definition of of "fence" , which is where my question originated.

I'll go with the dictionary definition and can erect one in 3 minutes and a ball of string on the original posts if I have to, but that's why I said I'll wait for the court papers. I think I'll be waiting for some time!

If her fence gets taken down, I'll probably point out that as she sometimes has a large dog loose in her garden, it's her responsibility to ensure that it doesn't come into our garden. She'll probably need to re-erect an adequate fence ...

But anyway, this is a brilliant site and thanks for the information! :lol:
benhuczek
 
Posts: 5
Joined: Sat Apr 09, 2005 11:24 am

Postby despair » Sun Apr 10, 2005 9:23 am

Yup you got it

Post and wire EQUALS a fence in law

and yes its her responsibility to restrain her own dog

so laugh all the way Ben
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Postby Maverick.uk » Sun Apr 10, 2005 7:26 pm

Ben

Before you go to the expense of anything, are you required to maintain a fence or boundary marker in your deeds?

Cheers

Mav
Maverick.uk
 
Posts: 1567
Joined: Fri Feb 25, 2005 8:36 pm
Location: Suffolk, UK

Postby benhuczek » Mon Apr 11, 2005 7:02 am

Don't think so. But as I said, the original posts are still in situ, so a couple of bits of string will suffice as reinstatement!

I'll check anyway - thanks for the pointer. :wink:
benhuczek
 
Posts: 5
Joined: Sat Apr 09, 2005 11:24 am

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.
 

Return to Fences

Who is online

Users browsing this forum: No registered users and 7 guests