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Old 02-03-2004, 07:43 PM
Jaques d'Alltrades
 
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Default Erecting garden fence on my side

The message
from "Martin Sykes" contains
these words:
"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.


Nope. A fence is either on your property or on his, not exactly *ON* the
border. Theoretically, one face of the fence may be on the borderline,
but not the posts of the person whose fence it is.

Generally, there will be a local rule as to which side of a garden your
fence is, and it might be an idea to make inquiries from neighbours
and/or the council planning department.

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.


This seems like a good idea on the face of it, and if you want to stop
animals getting through you could always put some wire netting along the
base.

--
Rusty
Open the creaking gate to make a horrid.squeak, then lower the foobar.
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