In article , PK
writes

"Kay" wrote in message
...
In article , Bill
Pritchard writes
To clarify, my screen is fixed to the fence he erected on my side of the
boundary when he replaced my old fence.

Still his fence. I guess you should have dismantled it and returned it
to him ;-)

I'd like to see that argued in court. I put something on your land but claim
that it remains my property? I doubt that would hold.

I don't know. A football remains my property, even though you don't have
to let me cross your land to get it. My cat belongs to me. Maybe it's
different if the thing is fixed as opposed to moveable. But then, the
apples on the branch I allow to hang over your property still belong to
me.


If I go onto your land to dismantle it (and I must as it is on your land) I
must trespass!

True - see the football above!

The clear legal position is that if I erect a fence, whether or not it is on
a boundary for which I am responsible, I must do it on my land. If I erect
it on your land I am annexing a strip of your property

And therefore, presumably, I must allow you access to your property. But
if you remove my fence to get access to the annexed bit of property I
would guess that you have to give the fence back to me. You can't then
take it and re-erect it on the other side of your property.


--
Kay
"Do not insult the crocodile until you have crossed the river"