Thread: Fence Problem
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Old 13-08-2004, 01:03 PM
PK
 
Posts: n/a
Default Fence Problem

Bill Pritchard wrote:
It isn't disputed that the fence is my responsibility. My
neighbour claims that he replaced the old one prior to my
moving in here. It is a low fence and to have some privacy I
have stapled a 6ft screen to it. My neighbour says that he
doesn't like the look of it and if I don't remove it he will
take down his fence with my screen attached and leave us with
nothing between us. Where do I stand?
Bill Pritchard
Retired and Emotional


Where is the fence *exactly* in relation to the boundary line?

If, as is often the case, the posts are actually on your side of the
boundary line (this might be the case if he just replaced an existing fence
on the old line), it is not his fence, it is yours! He donated it to your
property by building it on your side of the boundary. You can tell him not
to touch the fence and take legal action if he does.

If he erected the fence on his side of the boundary line, despite your
property having responsibility, then you have erred by attaching something
to his fence. He can do whatever he likes and you will be responsible for
erecting a new fence.

If the fence/posts are exactly on the boundary then the position is not
clear.

pk