28 days to remove fence - breach of covenant

Re: 28 days to remove fence - breach of covenant

Postby mr sheen » Fri Jul 14, 2017 2:07 pm

arborlad wrote:
Collaborate wrote:
mugwump wrote:Just to correct things. The registered address for a business is just that. A place where all official correspondence can be sent to. It does not mean that the business is run from there.

Lots of small businesses have their accountants or an accommodation address as the registered address. They don't operate from those premises.


I agree 100%. this is a red herring.




Probably better if it had never been mentioned in the first place - but too late now........all getting more like the playground than the real issue of preventing the trespass.


The frustrated wannabe forum policeman saying nothing constructive yet again.....during his masters degree in tree trimming he obviously missed the ladybird book of restrictive covenants.
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Re: 28 days to remove fence - breach of covenant

Postby Collaborate » Fri Jul 14, 2017 3:25 pm

arborlad wrote:
Probably better if it had never been mentioned in the first place - but too late now........all getting more like the playground than the real issue of preventing the trespass.


Personally I think comments like this on another thread are more playground-like
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Whoever could have said that, Arborlad?
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Re: 28 days to remove fence - breach of covenant

Postby arborlad » Fri Jul 14, 2017 3:45 pm

ilovemyneighbour wrote: To prove the fence touches and concerns our client's !and he is able to evidence, to the satisfaction of reliable case law, that the fence causes difficulty when entering and egressing from his driveway.




This seems to be mostly bunkum, there's only two ways where your neighbour can legally be on your land, by invitation or permission - everything else is a trespass. The law on trespass is very clear, if you throw a mustard seed over the boundary - the law considers it a trespass, if your neighbour can't use his drive without using land he is not entitled to, he needs to rearrange his land so that he can.

New solicitor doesn't bode well for the neighbour.
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Re: 28 days to remove fence - breach of covenant

Postby mr sheen » Fri Jul 14, 2017 3:56 pm

arborlad wrote:
ilovemyneighbour wrote: To prove the fence touches and concerns our client's !and he is able to evidence, to the satisfaction of reliable case law, that the fence causes difficulty when entering and egressing from his driveway.




This seems to be mostly bunkum, there's only two ways where your neighbour can legally be on your land, by invitation or permission - everything else is a trespass. The law on trespass is very clear, if you throw a mustard seed over the boundary - the law considers it a trespass, if your neighbour can't use his drive without using land he is not entitled to, he needs to rearrange his land so that he can.

New solicitor doesn't bode well for the neighbour.


Incorrect! Other ways to legitimately use land owned by others eg easements
Trespass is also a complicated issue.

Back to the playground is advised Arborlad
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Re: 28 days to remove fence - breach of covenant

Postby arborlad » Fri Jul 14, 2017 4:06 pm

mr sheen wrote:Trespass is also a complicated issue.



Not in these circumstances.
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Re: 28 days to remove fence - breach of covenant

Postby mr sheen » Fri Jul 14, 2017 4:34 pm

Again Incorrect!
There are many cases where easements were intended or developed with conjoined driveways. This may be such a case.

No more playtime for you....Dunces corner for you now!
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Re: 28 days to remove fence - breach of covenant

Postby arborlad » Fri Jul 14, 2017 6:32 pm

mr sheen wrote:Again Incorrect!
There are many cases where easements were intended or developed with conjoined driveways. This may be such a case.

No more playtime for you....Dunces corner for you now!




In the very unlikely event that this might be the case, there are two lots of solicitors who have been very tardy and remiss in failing to mention it!
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Re: 28 days to remove fence - breach of covenant

Postby arborlad » Fri Jul 14, 2017 7:50 pm

ilovemyneighbour wrote: We understand you erected the fence to prevent vehicles from driving over your land. In the circumstances our client proposes the following offer which will be brought to the court's attention should it be rejected and proceedings be commenced. We believe this to be a sensible and pragmatic compromise to both parties' issues:
• you remove the first post and panel of the fence (being closest to the road);
• you place a stone, of a height no more than one foot, in the position where the first post currently sits without any encroachment in our client's boundary
:




Lots and lots of comments from the solicitor about covenants and various breaches thereof, but willing to forego or disregard them all if one panel is swapped for one stone - all a bit odd.

If the OP is inclined to make some changes, I would be inclined to swap the last panel and post for a sturdy knee-rail.
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Re: 28 days to remove fence - breach of covenant

Postby FrTed » Sun Jul 16, 2017 12:11 am

Im not sure on the fence construction.
But if it has concrete posts & gravel boards, why not remove the last panel and leave the gravel board. Either swap the end post for a 1' tall one or take a grinder to it and chop it off level with the board.
That way visibility is restored but no one will be driving over it any time soon.
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Re: 28 days to remove fence - breach of covenant

Postby arborlad » Mon Jul 17, 2017 5:31 am

arborlad wrote:
ilovemyneighbour wrote:I decided to put up a fence at the front of our property. There are other houses in the street who have fences/hedges vertical blocks, to mark their boundaries so I thought as the precedent had already been set it wouldn’t be too much of an issue. The fence was on my boundary and I gave him a few inches for good measure so he couldn’t push it too far. The day I erected the fence he bombarded me with abuse. Whilst putting up the fence our other neighbours could see what was happening so came over for moral support.




Irrespective of whether this fence can be enforced against by anyone, it's never a good idea to leave a gap between what will become a boundary feature and the boundary.

If a reply to the solicitor is needed - something like this:...........Dear Mr. Solicitor, the fence was erected to prevent your client and his visitors from trespassing on my property with their vehicles and also the safeguarding of my children. It has achieved both of those results.




P.s. If the fence in its current configuration is causing your client difficulties because of sightlines, I am willing to discuss a compromise with him.
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Re: 28 days to remove fence - breach of covenant

Postby ilovemyneighbour » Mon Jul 17, 2017 10:40 am

Hi all

Thanks again for everyone's advice it's good to get opinions from other people who aren't involved directly in the situation. I think the best thing for me to do is to put in a counter offer of maybe tapering the fence off to the last post as it seems nonsensical for me to take 6ft of the fence down to only replace it with rocks.

My neighbour is a type of person who has a lot of time to sit and think about this situation whilst I'm at work full time trying to provide for the family he is sat thinking of ways to try and get me into trouble. He often makes threats about calling my employer and telling them lies about my whereabouts etc to try and get me the trouble. I think that this letter is his last attempt to try and make it look like he has won. I think if it did go to court it would go in my favour but I would rather not have to go if I didn't have to.
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Re: 28 days to remove fence - breach of covenant

Postby arborlad » Mon Jul 17, 2017 12:10 pm

ilovemyneighbour wrote:Hi all

Thanks again for everyone's advice it's good to get opinions from other people who aren't involved directly in the situation. I think the best thing for me to do is to put in a counter offer of maybe tapering the fence off to the last post as it seems nonsensical for me to take 6ft of the fence down to only replace it with rocks.

My neighbour is a type of person who has a lot of time to sit and think about this situation whilst I'm at work full time trying to provide for the family he is sat thinking of ways to try and get me into trouble. He often makes threats about calling my employer and telling them lies about my whereabouts etc to try and get me the trouble. I think that this letter is his last attempt to try and make it look like he has won. I think if it did go to court it would go in my favour but I would rather not have to go if I didn't have to.




Why not cut out the middleman and talk with the neighbour directly, the solicitor can't have a high degree of confidence in the covenant route if he's willing to let the rest of the fence stay in exchange for one rock :?

Swapping the last panel for one of trellis may be an option, tapering panels is rarely successful, there's insufficient material to achieve a satisfactory result.
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Re: 28 days to remove fence - breach of covenant

Postby ilovemyneighbour » Mon Jul 17, 2017 12:44 pm

arborlad wrote:
ilovemyneighbour wrote:Hi all

Thanks again for everyone's advice it's good to get opinions from other people who aren't involved directly in the situation. I think the best thing for me to do is to put in a counter offer of maybe tapering the fence off to the last post as it seems nonsensical for me to take 6ft of the fence down to only replace it with rocks.

My neighbour is a type of person who has a lot of time to sit and think about this situation whilst I'm at work full time trying to provide for the family he is sat thinking of ways to try and get me into trouble. He often makes threats about calling my employer and telling them lies about my whereabouts etc to try and get me the trouble. I think that this letter is his last attempt to try and make it look like he has won. I think if it did go to court it would go in my favour but I would rather not have to go if I didn't have to.




Why not cut out the middleman and talk with the neighbour directly, the solicitor can't have a high degree of confidence in the covenant route if he's willing to let the rest of the fence stay in exchange for one rock :?

Swapping the last panel for one of trellis may be an option, tapering panels is rarely successful, there's insufficient material to achieve a satisfactory result.



I would do but he there is no way you can have a normal conversation with him. He can't help himself having digs and being cocky. I feel as if the rock could be moved a lot easier than a fence if he felt like doing it one day. I may look at other options then as this isn't going to end any time soon.

He has literally fallen out with half of the street so there is no chance of sorting it out. I would hate to have 1 enemy never mind the amount he has.
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Re: 28 days to remove fence - breach of covenant

Postby arborlad » Mon Jul 17, 2017 1:52 pm

ilovemyneighbour wrote:I would do but he there is no way you can have a normal conversation with him.




Fair enough, provided this can be done without having to spend money on your own solicitor.

Does he have any family?
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Re: 28 days to remove fence - breach of covenant

Postby ilovemyneighbour » Mon Jul 17, 2017 7:45 pm

Yes, but unfortunately they are as bad as he is.

As I am half his age he will probably have been making out he is victim rather than the other way around.

His Mrs is just as bad as she cheers and woops other neighbours in the street when they have altercations :?
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