New Build development Fence issue

New Build development Fence issue

Postby Northpart » Tue Jan 31, 2017 3:13 pm

My house backed onto fields. There is a separating fence which I own. New houses are now being built on those fields. The builder says he is going to put up a new fence right against mine. However my deeds say that I (and my successors) are to maintain the existing fence in good condition. How can I do that if I am unable to access the other side (because of the proposed new fence)? Grateful for any advices.
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Re: New Build development Fence issue

Postby MacadamB53 » Tue Jan 31, 2017 3:27 pm

Hi Northpart,

what you have is called a "positive" covenant - compliance requires you to do something (and typically at a cost).

the law has it that these do not transfer with the land, so unless you were the original party when the covenant was first written you can ignore it.

are you the original party?

Kind regards, Mac
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Re: New Build development Fence issue

Postby Northpart » Tue Jan 31, 2017 5:31 pm

Thanks for the reply. I am not the original owner. But I am happy to comply with the covenant. I want the builder to move the new fence back so that I can access my fence to maintain it. Don't know if I am able to insist on that?
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Re: New Build development Fence issue

Postby mugwump » Tue Jan 31, 2017 6:57 pm

If the builder puts up a decent fence then take and yours down. Like you the builder is entitled to fence to the limit of his land.

If you want your own fence that is maintainable from both sides then you need to leave a space on YOUR land to achieve this. However this is fraught with danger as builder could then remove his fence and grab that bit of land as it is normally assumed that you will fence to the limit of your land.
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Re: New Build development Fence issue

Postby mr sheen » Tue Jan 31, 2017 8:20 pm

The owner of neighbouring land has the right to erect a fence at the extremity of their land.

You have no right to go onto neighbouring land or into neighbouring airspace to maintain a fence.

It's virtually impossible to force someone to maintain a fence. Hence maintenance of a fence is a choice.

If you wish to maintain both sides of a fence, it would have to be located wholly on your land with the ability to go onto your own land to access the unseen side too. Most people accept just maintaining the seen side.
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Re: New Build development Fence issue

Postby despair » Tue Jan 31, 2017 9:46 pm

if you use the correct fence treatment like Cuprinol shed and fence preserver or Wickes equivalent it sinks right into the wood and preserves both sides
if your using the cheap fence paints they do nothing whatever to preserve the wood
mind you wood fence posts rot out in most soils far quicker than the panels
hence why concrete posts and panels you can slide up and out are usefull
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Re: New Build development Fence issue

Postby arborlad » Wed Feb 01, 2017 8:55 am

Northpart wrote:My house backed onto fields. There is a separating fence which I own. .




What type of fence is it, how old is it?
arborlad

smile...it confuses people
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