Neighbours new fence

Bobbybob
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Joined: Tue Mar 26, 2019 10:48 pm

Re: Party fence

Post by Bobbybob » Sun Apr 14, 2019 3:36 pm

Collaborate wrote:
Sat Apr 13, 2019 11:57 pm
MacadamB53 wrote:
Sat Apr 13, 2019 9:45 pm
ukmicky wrote:
Sat Apr 13, 2019 5:13 pm

Yes ,I agree with that.
the OP didn’t just say that, though, did they?!?

He said everything is within his boundary so I can’t do anything about it.

and the OP didn’t then say “but I disagree with this” or “it’s not, though” did they?!?
Strange, Mac, how whenever a poster asserts that something is on a boundary line or either side of a boundary there is always someone (often you) pointing out that such an assertion requires proof. Not sure that the neighbour's word is proof. If they had erected a fence on their side of the boundary they would not have needed to remove the old fence, which straddled the boundary. The reasonable assumption to be made is that the old fence needed removing because it occupied the same space as the new fence.
That is correct. The new concrete posts pretty much line up with where the old wooden posts used to be.

MacadamB53
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Re: Party fence

Post by MacadamB53 » Sun Apr 14, 2019 7:42 pm

Bobbybob wrote:
Sun Apr 14, 2019 3:36 pm
Collaborate wrote:
Sat Apr 13, 2019 11:57 pm
MacadamB53 wrote:
Sat Apr 13, 2019 9:45 pm
the OP didn’t just say that, though, did they?!?

He said everything is within his boundary so I can’t do anything about it.

and the OP didn’t then say “but I disagree with this” or “it’s not, though” did they?!?
Strange, Mac, how whenever a poster asserts that something is on a boundary line or either side of a boundary there is always someone (often you) pointing out that such an assertion requires proof. Not sure that the neighbour's word is proof. If they had erected a fence on their side of the boundary they would not have needed to remove the old fence, which straddled the boundary. The reasonable assumption to be made is that the old fence needed removing because it occupied the same space as the new fence.
That is correct. The new concrete posts pretty much line up with where the old wooden posts used to be.
what do you mean by “pretty much”? how far off is the margin of difference?

kind regards, Mac

Bobbybob
Posts: 12
Joined: Tue Mar 26, 2019 10:48 pm

Re: Party fence

Post by Bobbybob » Sun Apr 14, 2019 7:57 pm

MacadamB53 wrote:
Sun Apr 14, 2019 7:42 pm
Bobbybob wrote:
Sun Apr 14, 2019 3:36 pm
Collaborate wrote:
Sat Apr 13, 2019 11:57 pm


Strange, Mac, how whenever a poster asserts that something is on a boundary line or either side of a boundary there is always someone (often you) pointing out that such an assertion requires proof. Not sure that the neighbour's word is proof. If they had erected a fence on their side of the boundary they would not have needed to remove the old fence, which straddled the boundary. The reasonable assumption to be made is that the old fence needed removing because it occupied the same space as the new fence.
That is correct. The new concrete posts pretty much line up with where the old wooden posts used to be.
what do you mean by “pretty much”? how far off is the margin of difference?

kind regards, Mac
The first two are inline with the original fence the last post about two inch toward their garden. Their builder Left the last post support bracket in the ground so it’s gives a good indication of where the fence was.

ukmicky
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Re: Neighbours new fence

Post by ukmicky » Tue Apr 16, 2019 12:40 am

A party fence sits directly above the imaginary line that divides your property. That last post that is set further over onto his land will most likely not form a party fence.

So it may be the case that only some of the fence is a party fence now.
Any information provided is not legal advice and you are advised to gain a professional opinion

Collaborate
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Re: Neighbours new fence

Post by Collaborate » Tue Apr 16, 2019 7:34 am

ukmicky wrote:
Tue Apr 16, 2019 12:40 am
A party fence sits directly above the imaginary line that divides your property. That last post that is set further over onto his land will most likely not form a party fence.

So it may be the case that only some of the fence is a party fence now.
Agreed. OP has the following choices:

1. Do nothing.
2. Agree with the neighbour that all of the fence is their responsibility with either:
a. Neighbour being responsible to maintain (would require ideally an amendment to the deeds), or
b. Being silent as to maintenance rights (ie he can choose to maintain it or not - same as it is for a party fence).
3. Agree the point in the fence where it cease to straddle the boundary line. Everything forward of that point remains a party fence and everything behind that point belongs to your neighbour (see option 2 above).
4. Agree the point the fence ceases to be a party fence and then insist that the neighbour builds a new party fence on the remaining boundary line.
5. Get the neighbour to agree the position of the boundary has now changed because he's got cack handed fencers in who can't follow an existing boundary line - the fence remains a party fence.
6. If none of the above can be agreed, spend lots of money on lawyers fees and take it to court (wouldn't advise).

arborlad
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Location: Hertfordshire

Re: Neighbours new fence

Post by arborlad » Tue Apr 16, 2019 10:17 am

Collaborate wrote:
Tue Apr 16, 2019 7:34 am
5. Get the neighbour to agree the position of the boundary has now changed because he's got cack handed fencers in who can't follow an existing boundary line - the fence remains a party fence.



That, in reality is what has happened...............although the intention of the neighbour and builder would seem to be at odds with that.
arborlad

smile...it confuses people

arborlad
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Location: Hertfordshire

Re: Party fence

Post by arborlad » Tue Apr 16, 2019 1:42 pm

Bobbybob wrote:
Thu Apr 11, 2019 5:31 pm
My deeds say the fence between my garden and his is a party fence.


Have you conveyed this to the neighbour?
arborlad

smile...it confuses people

Bobbybob
Posts: 12
Joined: Tue Mar 26, 2019 10:48 pm

Re: Party fence

Post by Bobbybob » Wed Apr 17, 2019 5:20 pm

arborlad wrote:
Tue Apr 16, 2019 1:42 pm
Bobbybob wrote:
Thu Apr 11, 2019 5:31 pm
My deeds say the fence between my garden and his is a party fence.


Have you conveyed this to the neighbour?
Yes he said that was when they was council houses

Collaborate
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Re: Party fence

Post by Collaborate » Wed Apr 17, 2019 7:20 pm

Bobbybob wrote:
Wed Apr 17, 2019 5:20 pm
arborlad wrote:
Tue Apr 16, 2019 1:42 pm
Bobbybob wrote:
Thu Apr 11, 2019 5:31 pm
My deeds say the fence between my garden and his is a party fence.


Have you conveyed this to the neighbour?
Yes he said that was when they was council houses
What they were at the time is irrelevant. Is your neighbour a cretin?

Bobbybob
Posts: 12
Joined: Tue Mar 26, 2019 10:48 pm

Re: Party fence

Post by Bobbybob » Thu Apr 18, 2019 10:49 am

Collaborate wrote:
Wed Apr 17, 2019 7:20 pm
Bobbybob wrote:
Wed Apr 17, 2019 5:20 pm
arborlad wrote:
Tue Apr 16, 2019 1:42 pm




Have you conveyed this to the neighbour?
Yes he said that was when they was council houses
What they were at the time is irrelevant. Is your neighbour a cretin?
Very much so. Obviously think they can do what they want.

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