Boundary fence

Postby arborlad » Tue Mar 25, 2008 8:18 pm

From Conveyancers post of Mar 23rd.


"it is the rule that what is planted in the land belongs to the land."
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Postby chicken » Tue Mar 25, 2008 9:55 pm

Yes, that was the statement that I originally picked up on - that's the one that I'm trying to identify the exact source of.

Conveyancer mention the Law of Property Act 1925 s.38 but I can't tell whether or not the statement of

it is the rule that what is planted in the land belongs to the land.


is an interpretation of a particular part of that Act or actually specified in there or somewhere else.

Conveyancer - please can you explain where your statement originates from?

Many thanks.
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Postby Conveyancer » Tue Mar 25, 2008 11:00 pm

It is so old the original is in Latin: Quicquid plantatur solo, solo cedit.
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Postby chicken » Tue Mar 25, 2008 11:08 pm

Hmmm. Didn't do latin at school :D

I understand that "planted" can apply to plants and trees, etc. but can I be sure that it applies to non-natural structures such as fences?

At the end of the day - will that statement stand up in court if it ended up there?
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Postby chicken » Tue Mar 25, 2008 11:35 pm

Ah - just searched for the latin phrase in google and it brought up lots of interesting articles on it - so I'm sorted.

Many thanks.
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Postby arborlad » Wed Mar 26, 2008 12:04 am

If you change "planted", for "fixed" or "attached", all should become clear.

Never 'ad any trouble wiv Latin meself - speak it like a native :lol:
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Postby Conveyancer » Wed Mar 26, 2008 10:58 am

chicken wrote:At the end of the day - will that statement stand up in court if it ended up there?


It should do. It is one of those principles that courts accept.

However...

I feel I need to add a word of caution here when it comes to fences. Another principle of English justice (and one that you will not find in a law book or can quote in court) is that the courts do not like people who are too clever for their own good. The principle that what is put in the ground goes with the ground is really there to determine what goes with a property when it is sold. I think that if A watches B erect a fence on A's land by a very small margin, B thinking he is erecting it on the boundary, a court is not going to be impressed if the next day A, crying "Quicquid plantatur solo, solo cedit", takes up the fence and resites it on another boundary. To put it legally, questions of estoppel may arise.

If someone erects a fence on or near the boundary line I think it has to be accepted that the fence belongs to the person who erected it. It would be quite different if a fence is erected so as to pinch some neighbour's land. It is a matter of degree.

And please do not forget that determining the exact line of the legal boundary is rarely possible. Further, the longer a fence has been in position, the more likely it is that it actually represents the boundary, whatever your title may say.

Before you go uprooting your neighbour's fence you must (literally!) be sure of your ground.
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Postby teeny » Thu Mar 27, 2008 12:18 pm

Conveyancer stated:

If someone erects a fence on or near the boundary line I think it has to be accepted that the fence belongs to the person who erected it. It would be quite different if a fence is erected so as to pinch some neighbour's land. It is a matter of degree.

Due to the mentality of the British people, they like something for nothing, the fence will always be placed in the neighbouring property by the person erecting it and they will plead "I thought this was the boundary line". This is a fact of life.

I have come to the conclusion- do what you want, it is very hard to prove otherwise-.

cheers
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Postby tryingnottobeafool » Fri Mar 28, 2008 11:07 am

usually if a property is measured up for title deeds it states garden for example 10.85 metres by 12 .50 metres OR THEREABOUTS


as this case clearly is an example of fence design changing there has to be some come and go. Some people get fed up with cheap panels blowing out in gales etc and put a better fence up


It is usually cheaper to let sleeping dogs lie and if your neighbour has paid for it then he has a right for the design and get the nice side etc.


Saying that if he has paid for it doesnt give him the right to call it his fence as its still joint responsibility .......... its his word against yours who paid what and the courts arent interested in petty squabbling if you said you paid half and he says you never ; its still joined responsibility
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Postby teeny » Fri Mar 28, 2008 11:56 pm

Hi

There are a lot of posts regarding "FENCES" in the last couple of days. Has anyone ever proved to their neighbour that the existing fence was in the wrong place and managed to move it to a position where they believed it should be, without falling out with each other.

I can't remember reading a post stating this. :D :D :D :D
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Re: Boundary fence

Postby arborlad » Sat Aug 12, 2017 2:19 pm

An informative and interesting thread on 'party fences'.
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