Replacing old fence broken by Neighbour

Replacing old fence broken by Neighbour

Postby Colobos » Fri Jun 23, 2017 2:39 pm

Hi!

As you can see from the picture there is some kind of ladder poking above my fence, I bought the house 2 years ago and it was like that then.

I'm having the fence replaced in 11 days and warned my neighbour 2 months ago I was getting it replaced and they need to sort the leaning on the fence. Spoke to my neighbour again today and told her its being replaced on the 4th of July and she said I will have to delay it so she can sort it (didn't specify when she will sort it).

I'm pondering letting the fence collapse as I'm removing the old one and just shoving whatever falls into my land back into her's? Would I get in trouble for this?

The fence isn't in the correct position it's on her side of the original posts so shes gaining 3 or 4 inch of garden back.

IMG_0075.JPG
Fence
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Re: Replacing old fence broken by Neighbour

Postby despair » Fri Jun 23, 2017 3:14 pm

It's clear to me that the concrete posts are the boundary
Your neighbour has no right whatever to lean or pile anything against your property

So you have warned her in writing I hope

Install your new fence tight up to those concrete posts and shove everything her side

Then also be very sure she is aware that she cannot touch or paint or stain your fence
That she cannot grow ivy or climbers up it
That she cannot lean or pile anything whatever against it
That she cannot allow balk Tec to be hit against it

In short it's 100% _your fence on your soil and any damage done by her she becomes responsible for
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Re: Replacing old fence broken by Neighbour

Postby arborlad » Fri Jun 23, 2017 3:28 pm

Colobos wrote:Hi!

As you can see from the picture there is some kind of ladder poking above my fence,




Not your fence.........Mother Nature and Father Time did for that fence long before the ladder came into the equation.
arborlad

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Re: Replacing old fence broken by Neighbour

Postby Colobos » Fri Jun 23, 2017 5:53 pm

arborlad wrote:
Colobos wrote:Hi!

As you can see from the picture there is some kind of ladder poking above my fence,




Not your fence.........Mother Nature and Father Time did for that fence long before the ladder came into the equation.



I'm amazed at how it's still standing! literally every post has rotted at the bottom, and its 9 panels long.
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Re: Replacing old fence broken by Neighbour

Postby Colobos » Fri Jun 23, 2017 5:56 pm

despair wrote:It's clear to me that the concrete posts are the boundary
Your neighbour has no right whatever to lean or pile anything against your property

So you have warned her in writing I hope

Install your new fence tight up to those concrete posts and shove everything her side

Then also be very sure she is aware that she cannot touch or paint or stain your fence
That she cannot grow ivy or climbers up it
That she cannot lean or pile anything whatever against it
That she cannot allow balk Tec to be hit against it

In short it's 100% _your fence on your soil and any damage done by her she becomes responsible for



Not warned her in writing unfortunately first home I've owned so learning the ropes still, Would it be too late to warn her in writing now? With just 11 days to go?

Excuse my ignorance but what is balk Tec?
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Re: Replacing old fence broken by Neighbour

Postby despair » Fri Jun 23, 2017 7:31 pm

sorry ....stupid predictive text ...should read balls to be thrown at it

no its not too late to put in writing that

you are installing a new fence your side of the boundary
that anything of hers which encroaches will be cut or pushed back
and that its your fence and your property

that she must not
lean or pile anything against it
attach anything to it
paint or stain it
grow ivy or climbers up it
allow anything to be thrown against it
despair
 
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Re: Replacing old fence broken by Neighbour

Postby MacadamB53 » Fri Jun 23, 2017 8:23 pm

Hi Colobos,

don't go warning your neighbour about anything - that is her fence, not yours.

Kind regards, Mac
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Re: Replacing old fence broken by Neighbour

Postby Colobos » Fri Jun 23, 2017 10:14 pm

MacadamB53 wrote:Hi Colobos,

don't go warning your neighbour about anything - that is her fence, not yours.

Kind regards, Mac


How is it her fence? Its clearly shown in my deeds that the boundary is my responsibility.
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Re: Replacing old fence broken by Neighbour

Postby MacadamB53 » Fri Jun 23, 2017 11:43 pm

Colobos wrote:
MacadamB53 wrote:Hi Colobos,

don't go warning your neighbour about anything - that is her fence, not yours.

Kind regards, Mac


How is it her fence? Its clearly shown in my deeds that the boundary is my responsibility.
if it shows anything it is that the original fence stood on the land being sold.

the fence in the photo is not the original fence - it stands beyond where the original fence stood and so, logically, doesn't stand on your land.

Kind regards, Mac
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Re: Replacing old fence broken by Neighbour

Postby Colobos » Sat Jun 24, 2017 8:43 am

So because the fence is on her side of smaller concrete posts which are the original boundary your saying its hers?

The house's are ex local authority and I wouldnt be surprised if they put the fence that side for convience.
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Re: Replacing old fence broken by Neighbour

Postby MacadamB53 » Sat Jun 24, 2017 9:23 am

So because the fence is on her side of smaller concrete posts which are the original boundary your saying its hers?
thats how the law sees it
The house's are ex local authority and I wouldnt be surprised if they put the fence that side for convience
possibly, but irrelevant
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Re: Replacing old fence broken by Neighbour

Postby Colobos » Sat Jun 24, 2017 9:35 am

So i'm quite within my rights to put a fence up in the correct position leaving that old fence there?
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Re: Replacing old fence broken by Neighbour

Postby despair » Sat Jun 24, 2017 10:29 am

the concrete posts form the boundary
chain link fencing would have been on one side or the other of the concrete posts and the wire normally runs through the middle of such posts

which ever side of the concrete posts the chain link was on will prove who actually owns the fence

try digging down to find out
there is nothing to stop you placing fence posts up to the midline of those concrete posts and the neighbour cant stop you or complain
because the wire through the middle should be the boundary
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Re: Replacing old fence broken by Neighbour

Postby Colobos » Sat Jun 24, 2017 10:40 am

On my conveyance deeds it shows that the boundary in question is marked T so its mine and the conveyance deeds says the following:

image1.JPG
Conveyance
image1.JPG (102.02 KiB) Viewed 818 times


Does that help my case at all?
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Re: Replacing old fence broken by Neighbour

Postby arborlad » Sat Jun 24, 2017 10:49 am

Colobos wrote:Not warned her in writing unfortunately first home I've owned so learning the ropes still, Would it be too late to warn her in writing now? With just 11 days to go?

Excuse my ignorance but what is balk Tec?




Nothing of yours has been damaged by anything of hers, no action of hers has damaged anything of yours, the notion of putting anything in writing to warn her of this non-existent damage is completely ludicrous!

The more correct a boundary feature is - in every respect, the less opportunity there is for contention, confusion or dispute. Duplication of boundary features - having two fences, is always wrong, how wrong doesn't always become apparent until a couple of decades have passed and both properties have changed hands a time or two and you find yourself in the situation you are in now.
arborlad

smile...it confuses people
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