Boundary fence

arborlad
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Re: Boundary fence

Post by arborlad » Thu Dec 14, 2017 9:45 am

Volumiza wrote:Hi Mac,

What if the fence is not on the drive or the farmland?

Thanks,
Vol


The fence will be owned by one or the other - there are no exceptions, no other possibilities.
arborlad

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Volumiza
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Re: Boundary fence

Post by Volumiza » Fri Dec 15, 2017 10:51 am

I think what I'm inclined to do is just build another fence very tightly up to the original and fence off my own land. I don't want more expensive litigation or stress. This seems the path of least resistance to achieve what I want. I may technically lose 4 inches of land but what's 4 inches between warring neighbours? :)

Thanks,
Vol

MacadamB53
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Re: Boundary fence

Post by MacadamB53 » Fri Dec 15, 2017 12:08 pm

Volumiza wrote:I think what I'm inclined to do is just build another fence very tightly up to the original and fence off my own land. I don't want more expensive litigation or stress. This seems the path of least resistance to achieve what I want. I may technically lose 4 inches of land but what's 4 inches between warring neighbours? :)

Thanks,
Vol
how would this be possible without ceding land that is burdened by a RoW enjoyed by others?

Volumiza
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Re: Boundary fence

Post by Volumiza » Fri Dec 15, 2017 12:32 pm

Hi Mac,

It would only stretch along the section spanning the drive at the top boundary (see picture). I would fence a small boundary marker at each end to fully denote what is 'mine'. Otherwise there will be constant encroachment as there has been historically by our NFH when the property was in previous ownership. I'm not at all inclined to anyway but I'm savvy enough about rights of way now to know I cannot block or impede anyone's rights / access.

I just want to own the perimeter features within my own boundaries and I want my boundaries to be crystal clear. Good fences = good neighbours, isn't that the saying? I don't want our neighbours thinking they have a right to hang things off a fence, notices or anything else on what is our land just because they put the fence up over it. These people spread like moss and have behaved aggressively ever since we claimed our land back and stopped the subsequent right of way claim.

Thanks,
Vol

MacadamB53
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Re: Boundary fence

Post by MacadamB53 » Fri Dec 15, 2017 12:52 pm

Hi Volumiza,

you own a strip of land over which other properties own a RoW.

the far end of this strip shares a boundary with a field.

the owner of the field erected a fence to mark the boundary - this stood on his land.

your neighbour recently replaced this fence without asking the field owner, but the field owner just shrugged and accepted it (got himself a new fence for free).

all the land on your side of this fence - your strip - should not have any fences erected on it because this would reduce the space available for the RoW meaning you could be found to be causing a substantial interference...

kind regards, Mac

arborlad
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Re: Boundary fence

Post by arborlad » Fri Dec 15, 2017 2:07 pm

Volumiza wrote:hi Aborlad,
The short answer is no - the fence either belongs to A, or more likely the field owner.
Field owner.
I'm assuming the sketch is a very simplified version of the layout of the properties for the purpose of this thread, but I'm struggling to understand how you as D, can have a boundary dispute with B, when your lands don't adjoin
Very simplified example with a slight jiggling of letters and right and left sides. Dream house turned into a nightmare.

Thanks,
Vol.


You seem in agreement that the contentious fence is erected on the field owners land as opposed the the drive owners land, although there is now speculation that it is encroaching and restricting the drive.

It's never a good idea to duplicate boundary features - regardless of circumstances.

You should only share on an open forum that which you are comfortable in sharing, with due regard to any current or future litigation..............that said, if we can see something that accurately reflects the current situation, I think this would be helpful.

Have you actually bought the drive, or were you talking hypothetically?
arborlad

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arborlad
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Re: Boundary fence

Post by arborlad » Wed Jan 03, 2018 12:33 pm

Volumiza wrote:Hi again,

I now own the house and the drive. All neighbours have a right of way over the drive to access their gardens, no problem. Our problem neighbours erected a fence across the whole top of the drive and are now hanging signs from it and have also painted a thick black grease over the part that spans my drive. They think that because they bought the fence they now have rights over my boundary so keep putting signs up on my land saying the fence belongs to them. Is painting the grease criminal damage? It is not on their land at all.

Thanks
arborlad

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arborlad
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Re: Boundary fence

Post by arborlad » Mon Feb 19, 2018 11:50 am

arborlad wrote:
Volumiza wrote:Hi again,

I now own the house and the drive. All neighbours have a right of way over the drive to access their gardens, no problem. Our problem neighbours erected a fence across the whole top of the drive and are now hanging signs from it and have also painted a thick black grease over the part that spans my drive. They think that because they bought the fence they now have rights over my boundary so keep putting signs up on my land saying the fence belongs to them. Is painting the grease criminal damage? It is not on their land at all.

Thanks


Multiple threads lead to multiple confusions! https://www.gardenlaw.co.uk/phpBB2/view ... =4&t=21118
arborlad

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Volumiza
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Re: Boundary fence

Post by Volumiza » Mon Feb 19, 2018 11:54 am

Sorry, I started a new thread to avoid confusion actually. It was a question separate to my previous thread. The subject for this thread I have sorted.

arborlad
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Re: Boundary fence

Post by arborlad » Mon Feb 19, 2018 6:02 pm

Volumiza wrote: The subject for this thread I have sorted.


How did you achieve this?
arborlad

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Volumiza
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Re: Boundary fence

Post by Volumiza » Mon Feb 19, 2018 6:50 pm

arborlad wrote:How did you achieve this?
We had a situation where I was forced to call the police on our neighbour. This coupled with me having discussions with the owner of the house (my neighbours are actually his tenants) stating I was a) commencing with an action of harrassment on his tenants and b) seek legal advice on whether there was any action I could take on him as landlord for not getting his tenants under control despite my continued pleas for him to do so. Rural paradise :roll:

It seems to have done the trick and bar getting the V's flicked at us almost every day, there has been no more trouble regarding fences, boundaries and rights of way. Only time will tell if this will be a permanent imrovement but any respite is welcome respite.

We can at least now put the right of way dispute to bed as they have acquiesced to the alleged right of way for over one year now so they have nowhere to go with that.

Vol

arborlad
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Re: Boundary fence

Post by arborlad » Mon Feb 19, 2018 7:05 pm

Volumiza wrote:
arborlad wrote:How did you achieve this?


This coupled with me having discussions with the owner of the house (my neighbours are actually his tenants)
Vol


This would've been useful to know at the outset - especially in light of this comment from your duplicate thread:'I've been involved in a long term boundary dispute / right of way dispute with our neighbours and now have bought another property on the row of houses. This has come with a ready made boundary dispute with the same people unfortunately.'
arborlad

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Volumiza
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Re: Boundary fence

Post by Volumiza » Mon Feb 19, 2018 7:16 pm

arborlad wrote:
Volumiza wrote:
arborlad wrote:How did you achieve this?


This coupled with me having discussions with the owner of the house (my neighbours are actually his tenants)
Vol


This would've been useful to know at the outset - especially in light of this comment from your duplicate thread:'I've been involved in a long term boundary dispute / right of way dispute with our neighbours and now have bought another property on the row of houses. This has come with a ready made boundary dispute with the same people unfortunately.'
It's been hard to know what to post Aborlad. I've tried to find some things out while attempting to remain as vague as possible. Sorry.

MacadamB53
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Re: Boundary fence

Post by MacadamB53 » Mon Feb 19, 2018 7:38 pm

Hi Volumiza,

they have acquiesced to the alleged right of way for over one year now so they have nowhere to go with that.

you’re misinformed - lack of use for one year does not extinguish a right that has already been established.

kind regards, Mac

arborlad
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Re: Boundary fence

Post by arborlad » Mon Feb 19, 2018 7:44 pm

MacadamB53 wrote:Hi Volumiza,

they have acquiesced to the alleged right of way for over one year now so they have nowhere to go with that.

you’re misinformed - lack of use for one year does not extinguish a right that has already been established.

kind regards, Mac


Where is your evidence that a Right of Way has been established?
arborlad

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