Is a hedge an enclosure?

Re: Is a hedge an enclosure?

Postby Conveyancer » Fri Apr 20, 2012 10:45 am

Roblewis wrote:Precisely barristers + fortune. Should have included 20 or 30 caveats methinks :D :D

Shows what a minefield these open plan estates are


The "minefield" is the drafting.

There is currently a debate about whether statutes are too detailed and should be more general, that is set out principles rather than try and cover all the angles. We can compare the Bible's "Thou shalt not steal" with the Theft Act 1968.

The same goes for drafting documents. Legal drafting is trickier than people think and this thread goes a long to showing why.

If we wanted to go to town we could have:

1 (1) In this clause:

(a) "fence" means any barrier of whatever height and whether continuous or discontinuous and includes (without prejudice to the generality of the foregoing) any fence wall hedge bund or screening of any kind

(b) "erect" includes construct raise assemble set or otherwise establish

(2) Not to erect or allow to be erected on that part of the Property shown tinted blue on the annexed plan or any part or parts thereof any fence or otherwise do or permit to be done anything which will or may tend to modify the open plan character of the Estate


And that is just something I knocked up quickly which I am sure could be "improved".

And just for fun here is the lawyer's note to his milkman:

To the Co-operative Dairy and all others to whom these presents shall come John Smith of Fee Simple Freebench Lane Dower in the County of Frankalmoign Gentleman sends greeting Whereas having reviewed my consumable stores I find that I have therein a surfeit of milk Now therefore I do request and require and notwithstanding any instructions to the contrary hitherto whether given orally or in writing by me or anyone acting or purporting to act on my behalf that until otherwise requested by me or my agent thereunto duly authorised by deed you your servants agents and assigns and all others claiming under you whether by title paramount or otherwise do cease and desist henceforth to deliver to me whether at Fee Simple Freebench Lane Dower aforesaid or any other dwelling or other place heretofore or hereafter owned or occupied by me milk and all other dairy produce of any nature whatsoever and howsoever derived or produced including without prejudice to the generality of the foregoing cream yoghurt cheese buttermilk curds and whey whether derived from cows goats sheep buffalo or other members of the class Mammalia and also all other produce of any kind whatsoever which you or anyone acting on your behalf with or without your implied or express consent have hitherto delivered or may according to any rule of law or custom be entitled to deliver
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Re: Is a hedge an enclosure?

Postby Conveyancer » Fri Apr 20, 2012 10:50 am

Just spotted that above "So you're allowing fences then?" should read "So you're allowing hedges then?"
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Re: Is a hedge an enclosure?

Postby Clifford Pope » Wed May 09, 2012 9:33 am

A traditionally constructed hedge is a joy to see. A properly laid hedge is strong and impenetrable enough to contain cattle.
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Re: Is a hedge an enclosure?

Postby Anthony Westoby » Sat Jun 02, 2012 10:41 pm

Roblewis wrote:Precisely barristers + fortune. Should have included 20 or 30 caveats methinks :D :D

Shows what a minefield these open plan estates are


Rob,

I often think they don't have hedges or fences frontway as the free space makes the property they are selling look a lot bigger than they actually are.a pair of modern semis are often only as big as their single traditional counterpart!

Money again, greed, again.

TonyW.
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