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Old 02-03-2004, 03:47 PM
Martin Sykes
 
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Default Erecting garden fence on my side



"OrangeMan" wrote in message
om...
i have to renew all the fence but there is a simple chain link fence
and my neighbour has planted trees and shrubs right on the fence line
!
this is my side which has to be maintained by me , but to erect the
fence i have to remove or cut into the plants that he has planted slap
bang on the fence line !
i dont want to get into a dispute but how can i build the new fence ?
if i cut into the half of the tree to enable the fence the tree will
presumably die as half the trunk will be removed .


I can understand why he's done it. If you remove the chain link, and the
original boundary gets lost, it will often be taken to be the centre of the
'hedge' so effectively he'll lose ground. I also don't think you should
necessarily be allowed to dig holes over the boundary on his property to
sink concrete footings for fence posts.

It also sounds like the plants are on his side - just - and not on the
boundary line. If they were on the boundary line and you wanted to argue the
point, I think you could probably say they were your plants now.

If you really want a quiet life, why don't you just have a hedge between you
instead of a fence? It looks a lot nicer and costs a lot less.

Failing that, maybe you could work with him to move the shrubs which are in
the way and just fit the fence to the shape of the tree so you effectively
have a tree sized gap in the fence. It looks like a lot of work, but I've
seen it done successfully a few times. Maybe you could point out to him that
his shrubs will do better if they're given a bit more room anyway.

Martin & Anna Sykes
( Remove x's when replying )
http://www.users.globalnet.co.uk/~sykesm