Statutory Reference for Post Placement.

Statutory Reference for Post Placement.

Postby nigelrb » Sun Oct 23, 2016 8:10 pm

Hi, haven't been here for a while which is why it is double posted into 'websites'.

Is anyone aware of a statutory reference that applies to the placement of fence posts within a particular boundary?

We have always insisted that posts be placed WHOLLY within the 'responsible' party's boundary, but is there a definitive law governing this, or is it merely common law set by precedent?

Thanks, Nigel
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Re: Statutory Reference for Post Placement.

Postby ukmicky » Sun Oct 30, 2016 12:36 am

Common law ,trespass
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Statutory Reference for Post Placement.

Postby Roblewis » Thu Dec 15, 2016 12:59 pm

Developers are often found placing their posts with the centre line indicating the boundary. Everything is a matter of convention and the original builder can do as he chooses.
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Re: Statutory Reference for Post Placement.

Postby nigelrb » Thu Dec 15, 2016 1:58 pm

Hi Rob.
With the greatest respect, therein lies the problem, because, if a builder CHOOSES to place the posts on the WRONG side of the boundary (especially where a boundary is reasonably defined between semis or terraces) then there becomes a problem with responsibility for maintenance.

A builder, contractor, or any person for that matter, should assure themselves, as best as possible, that the fence will be sited in the correct position. Failing to do so is not only negligent, but irresponsible.
Life is never what it seems; there is always two sides to every story.
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Re: Statutory Reference for Post Placement.

Postby Collaborate » Thu Dec 15, 2016 3:27 pm

In a new development the boundary is usually where the developer places the boundary feature. The plan/deeds are a general guide, confirmed by what is apparent from a physical inspection. Therefore the deeds should say whether one side or the other owns the fence, or whether the boundary feature is jointly owned.
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Re: Statutory Reference for Post Placement.

Postby nigelrb » Fri Dec 16, 2016 10:46 am

Collaborate wrote:. . . Therefore the deeds should say whether one side or the other owns the fence, or whether the boundary feature is jointly owned.


Precisely, Collaborate. This is why I raised the initial question about a statutory reference. l am aware of obligations of those to whom the 'T' mark applies. My scenario is that my neighbour has responsibility for the particular boundary, but the fencing contractor has sunk the posts into my land. Ordinarily, this would be trivial. In fact, I suggested rectification whenever the fence is to be renewed.

However, I am obligated by the Title document to maintain 'any other wall or fence erected within the property,' therefore conferring on me an obligation to maintain my neighbour's fence.

The developer has inspected and supports my position, and has agreed to re-site the fence. Weird, because all I sought was a Title notation.
Life is never what it seems; there is always two sides to every story.
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