Fences Offer to replace our fence by neighbour, pitfalls

arborlad
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Re: Fences Offer to replace our fence by neighbour, pitfalls

Post by arborlad » Sat Feb 08, 2014 12:28 pm

nothingtodowithme wrote:Make sure they erect their fence on their land.
Duplicate boundary features - like threads, are not a good idea. There is only one boundary between these two lands, there should only be one boundary feature to secure and define it.
arborlad

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arborlad
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Re: Fences Offer to replace our fence by neighbour, pitfalls

Post by arborlad » Sat Feb 08, 2014 1:03 pm

nothingtodowithme wrote:The neighbours are entitled to put up their own fence on their land.

Yes, they are...........but still a bad idea.
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arborlad
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Re: Fences Offer to replace our fence by neighbour, pitfalls

Post by arborlad » Sat Feb 08, 2014 1:26 pm

nothingtodowithme wrote:
arborlad wrote:
nothingtodowithme wrote:The neighbours are entitled to put up their own fence on their land.

Yes, they are...........but still a bad idea.
Your opinion of course of which you are entitled.

This 'opinion', is based on almost half a century of best practice - whenever I see more than one fence, I see problems, these problems are always and without exception resolved by having one fence.
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MacadamB53
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Re: Neighbour TOLD US HE WILL REPLACE OUR FENCE.

Post by MacadamB53 » Sat Feb 08, 2014 8:28 pm

IHatetheRain wrote:Our neighbours have their deeds and told us the fence is ours....


the other side is def our other neighbours side.

so its 100% our fence.

its on our boundary. its our fence.
It's only 100% your fence if it's 100% on your land.

Did you oversee its installation?

Kind regards, Mac

despair
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Re: Neighbour TOLD US HE WILL REPLACE OUR FENCE.

Post by despair » Sat Feb 08, 2014 10:30 pm

firstly painting fences is a waste of time the stuff peels off and does not protect

treating fences with equivalent of cuprinol fence and shed preservative is a different matter
but what on earth is wrong with the original wood colour fences come in

i can fully understand the ops financial constraints along with the neighbours refusal to allow painting but surely there must be room for compromise somewhere

robj191269
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Re: Neighbour TOLD US HE WILL REPLACE OUR FENCE.

Post by robj191269 » Sun Feb 09, 2014 12:29 am

despair wrote:the neighbours refusal to allow painting but surely there must be room for compromise somewhere

There is - the neighbour leaves the OP fence alone and installs one on their own land ;-)

MacadamB53
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Re: Neighbour TOLD US HE WILL REPLACE OUR FENCE.

Post by MacadamB53 » Sun Feb 09, 2014 12:44 am

robj191269 wrote:
despair wrote:the neighbours refusal to allow painting but surely there must be room for compromise somewhere

There is - the neighbour leaves the OP fence alone and installs one on their own land ;-)
I'm no expert but I doubt that would be an easy task in practice without setting it back a bit.

Kind regards, Mac

despair
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Re: Neighbour TOLD US HE WILL REPLACE OUR FENCE.

Post by despair » Sun Feb 09, 2014 2:29 am

if you stagger the posts in between centre of the panels you can install a 2nd fence tight up to the original

arborlad
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Re: Fences Offer to replace our fence by neighbour, pitfalls

Post by arborlad » Sun Feb 09, 2014 8:50 am

arborlad wrote:Usually best not to duplicate threads: http://www.gardenlaw.co.uk/phpBB2/viewt ... =6&t=19120

Admin, could these threads be merged please.
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MacadamB53
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Re: Neighbour TOLD US HE WILL REPLACE OUR FENCE.

Post by MacadamB53 » Sun Feb 09, 2014 8:52 am

Hi IHatetheRain,

I actually meant their space/access would be restricted and they'd run the risk of damaging some materials of either fence.

Kind regards, Mac

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Re: Neighbour TOLD US HE WILL REPLACE OUR FENCE.

Post by MacadamB53 » Sun Feb 09, 2014 10:12 am

nothingtodowithme wrote:
despair wrote:if you stagger the posts in between centre of the panels you can install a 2nd fence tight up to the original
I agree
that's the way to do it.
Hi despair and nothingtodowithme,

Have you had any first-hand practical experience of doing this?

I only ask because a quick trawl of professionals' websites suggests it is not a simple task, is potentially fraught with limitations depending on the lie of the land, could create a challenge with future maintenance of either fence and might lead to confusion about boundaries.

Kind regards, Mac

COGGY
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Re: Neighbour TOLD US HE WILL REPLACE OUR FENCE.

Post by COGGY » Sun Feb 09, 2014 11:01 am

The problem of erecting a second fence is surely for the OP's neighbour to sort out. If the OP is happy with their fence as it stands all they need to say to the neighbour is "Please leave my fence alone". In fact a letter to this effect, sent by recorded delivery should sort the problem out.

Coggy

arsie
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Re: Neighbour TOLD US HE WILL REPLACE OUR FENCE.

Post by arsie » Sun Feb 09, 2014 11:37 am

I agree with Coggy. Everyone seems to think the existing fence is the OP's - even the neighbour - so the OP is under no obligation to replace it. A letter going out is a bit strong, given that relationships are good, but it should prevent the neighbour making a preemptive strike! If I were the OP I would stick to my guns and say 'fine by me you can replace my fence, thank you, but I do not have spare funds and I would prefer to keep my current fence'. I would go on to say 'however the fence should still be considered as mine to do with as I wish, including painting my side and attaching what I wish to attach to it'.

As Mac suggests though, strictly speaking the fence is owned by whoever put it up.

In the absence of proof positive (i.e. receipts, invoices etc for 'your' fence) I am curious as to what exactly is said in the deeds?

If it is no more than T marks and no words, that alone does not mean much. Sometimes deeds state in words there is a responsibility for maintaining a wall or fence or even a hedge which marks the boundary. If T marks are accompanied by words such as 'responsible for the boundary as marked by T with the top outwards' there is no obligation to put anything up. You can leave it open if you wish. Another possibility, which doesn't seem to apply here from what you say, you can have a party wall or fence i.e. joint responsibility.

You can download your own and the neighbours deeds and plans from the Land Registry for a small fee £3/document. I have provided a link to the site as there are some rip off sites - that will do it for you for a lot more - that appear higher in the search engines. http://www.landregistry.gov.uk/public/p ... -ownership

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Re: Neighbour TOLD US HE WILL REPLACE OUR FENCE.

Post by MacadamB53 » Sun Feb 09, 2014 1:19 pm

COGGY wrote:The problem of erecting a second fence is surely for the OP's neighbour to sort out. If the OP is happy with their fence as it stands all they need to say to the neighbour is "Please leave my fence alone". In fact a letter to this effect, sent by recorded delivery should sort the problem out.

Coggy
Hi IHatetheRain,

It sounds like you're on good terms so I'd just discuss the pros and cons of your options to reach a compromise.

Otherwise it's two fences.

Kind regards, Mac

arsie
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Re: Neighbour TOLD US HE WILL REPLACE OUR FENCE.

Post by arsie » Sun Feb 09, 2014 3:28 pm

Personally I prefer to know where I stand legally in any compromise. Ignorance is not always bliss.

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