climbing plant growing on my trellis.

climbing plant growing on my trellis.

Postby sarron » Thu Jun 19, 2014 8:10 am

Hi all
I have a large fence which is bordered by 5 new build houses to the side. Over the years each of these properties has removed their end of garden fences , leaving ours as the sole petitioning fence.
My fence is a foot inside my property boundary, however this isn't recorded on the title deed.
If one of my neighbors erects their own fence can they put it close to mine, ensuring no disturbance to the foundations of mine or do they observe the foot of land between?
Also, every year I have to cut back vegetation overhanging profusely from one of the neighbouring gardens. My neighbour has now started cutting a climbing plant off my trellis which isn't overhanging as such., but climbs on both sides of the trellis.
Should they be doing this, their argument being that I cut theirs back, a good foot overhang every year.
Any help much appreciated

Keith
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Re: climbing plant growing on my trellis.

Postby despair » Thu Jun 19, 2014 8:28 am

Firstly you should never never install a fence a foot inside the boundary you are asking for trouble and land grabbing

so you have 2 choices get the neighbours to reinstate their fences or install chain link or post and wire on the correct boundary yourself

As to a neighbour cutting off climbers growing through trellis if its their side of the actual boundary they are entitled but if its the fence you have installed 1 ft inside your boundary they can only cut back to the boundary
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Re: climbing plant growing on my trellis.

Postby sarron » Thu Jun 19, 2014 9:18 am

Points taken, but as I have no physical proof of where the actual boundary is then this would be difficult .
I don't mind another fence going up, provided it doesn't affect mine or is attatched to it.
But the climbing plant is an issue, ad cutting it back could harm or kill it.
YOUR HEART IS FREE, HAVE THE COURAGE TO FOLLOW IT.
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Re: climbing plant growing on my trellis.

Postby Mojisola » Thu Jun 19, 2014 9:52 am

sarron wrote:I have a large fence which is bordered by 5 new build houses to the side. Over the years each of these properties has removed their end of garden fences , leaving ours as the sole petitioning fence.
My fence is a foot inside my property boundary, however this isn't recorded on the title deed.
If one of my neighbors erects their own fence can they put it close to mine, ensuring no disturbance to the foundations of mine or do they observe the foot of land between?
Also, every year I have to cut back vegetation overhanging profusely from one of the neighbouring gardens. My neighbour has now started cutting a climbing plant off my trellis which isn't overhanging as such., but climbs on both sides of the trellis.
Should they be doing this, their argument being that I cut theirs back, a good foot overhang every year.


The time to make clear where the boundary was goes back to when the first neighbour removed their fence. I think you have to accept that you have donated a foot of garden to each of these houses and your fence is now the boundary.

As your fence is the boundary, your neighbours can cut back any overhanging plants and that includes climbers that grow through the trellis.
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Re: climbing plant growing on my trellis.

Postby MacadamB53 » Thu Jun 19, 2014 10:34 am

Hi sarron,

My fence is a foot inside my property boundary

why?

Over the years each of these properties has removed their end of garden fences

they are within their rights to do so.

leaving ours as the sole petitioning fence

so how long has your fence been the boundary feature between your land and each of the five properties? (it's five boundaries not one so there are five dates)

Kind regards, Mac
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Re: climbing plant growing on my trellis.

Postby MacadamB53 » Thu Jun 19, 2014 10:56 am

MacadamB53
 
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Re: climbing plant growing on my trellis.

Postby arborlad » Thu Jun 19, 2014 11:40 am

MacadamB53 wrote:Hi all,

link to duplicate thread:

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=6&t=19426



Why. Your efforts would have been better placed deleting that post and placing it here.
arborlad

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Re: climbing plant growing on my trellis.

Postby sarron » Thu Jun 19, 2014 12:06 pm

The fence i have was put up in 1997.One date as it was done in one day. At the time all the aforementioned properties had their own fences up, so ours was erected as not to disturb the foundations of theirs.
one by one these fences have gone.

yes the neighbours can remove their end of garden fences.
however my fence isnt shared, nor am I legally obliged to have it or sanction its use to other neighbours for the use of.

Provided my neighbour erects a fence without disturbing mine Im fine with that.

it is my opinion those neighbours should have their own fences in place as opposed to freeloading off me for mine.
Should they damage my fence they are civilly responsible for it.
YOUR HEART IS FREE, HAVE THE COURAGE TO FOLLOW IT.
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Re: climbing plant growing on my trellis.

Postby arborlad » Thu Jun 19, 2014 12:22 pm

sarron wrote:leaving ours as the sole petitioning fence.



That is correct, that is how it should be, one boundary - one fence.




My fence is a foot inside my property boundary,



That is not correct, your fence should have abutted the known boundary line.




My fence is a foot inside my property boundary, however this isn't recorded on the title deed.



It wont be, it is up to the landowner to ensure any fences are sited correctly, not Land Registry to record your mistakes.
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Re: climbing plant growing on my trellis.

Postby sarron » Thu Jun 19, 2014 12:45 pm

I'm afraid that's not how it should be, one boundary, one fence, otherwise all the adjoining property would surely not have separate fences installed at the time of construction.

I know where my own fence was constructed, ie, 12 ins inside the property boundary, tho I don't dispute that my fence now acts a sole boundary between respective property.

Thought I put this post on to ascertain neighbour rights as to positioning a fence, not to argue over land rights or be told by total strangers where my fence actually is?
YOUR HEART IS FREE, HAVE THE COURAGE TO FOLLOW IT.
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Re: climbing plant growing on my trellis.

Postby sarron » Thu Jun 19, 2014 12:51 pm

Oh, and I do understand I'm responsible for recording where my fence lies as opposed to land registry, and never suggested any other. And theres no mistake, my fence is a foot from the boundary.
YOUR HEART IS FREE, HAVE THE COURAGE TO FOLLOW IT.
sarron
 
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Location: derbyshire

Re: climbing plant growing on my trellis.

Postby MacadamB53 » Thu Jun 19, 2014 1:17 pm

MacadamB53 wrote:Hi sarron,

My fence is a foot inside my property boundary

why?

Over the years each of these properties has removed their end of garden fences

they are within their rights to do so.

leaving ours as the sole petitioning fence

so how long has your fence been the boundary feature between your land and each of the five properties? (it's five boundaries not one so there are five dates)

Kind regards, Mac

here is my contribution from the duplicate thread
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Re: climbing plant growing on my trellis.

Postby Mojisola » Thu Jun 19, 2014 2:36 pm

sarron wrote:it is my opinion those neighbours should have their own fences in place


Why do you think this? How many properties in the country have two fences on their boundaries? Do you really think that it's normal for neighbouring properties to both fence the boundary?
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Re: climbing plant growing on my trellis.

Postby COGGY » Thu Jun 19, 2014 2:37 pm

Have you spoken to these neighbours and explained the position?

Kind regards
Coggy
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Re: climbing plant growing on my trellis.

Postby MacadamB53 » Thu Jun 19, 2014 3:08 pm

Hi sarron,

you seem to have a good understanding of the legalities - ie if they "use" your fence (eg grow things up it) they are being unlawful, that they are legally entitled to own land with no fence, etc.

it is my opinion those neighbours should have their own fences in place as opposed to freeloading off me for mine.

as you state from the outset, this is opinion and you are entitled to that opinion.
what constitutes "freeloading" in your opinion?

without any clear evidence to the contrary, you've ceded 1 foot of land to each of those properties whose fence was removed +10 years ago (this is my opinion and I recommend you ask a competent sols).

Kind regards, Mac
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