View Single Post
  #6   Report Post  
Old 14-08-2004, 11:24 AM
Sacha
 
Posts: n/a
Default Re Fence Problem

On 14/8/04 11:11, in article , "PK"
wrote:


"Kay" wrote in message
...

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.

-

The ball and apples cases are well understood in law.

I'm not at all sure that the same applie to constructed items on soemone
elses land. If i build a fence 3m on your side of the boundary, i'm pretty
sure you would be entitled to take it down and dispose of it as you wish.
Would the same argument apply if it were 0.3m?


From the OP's point of view, I think it's probably more important initially
to ensure that there has been no nibbling away of the actual boundary.
After that has been established is the time to discuss what kind of fencing
to put up. My daughter as just bought a house and is responsible for the
fencing on one side. Needless to say, after a huge cutting back of
overgrown shrubs we have discovered that it needs replacing! There don't
seem to be any height restrictions in the deeds of the property and her
neighbours would be delighted if she built an 8' brick wall! As it is,
she'll be putting in 6' larchlap panels and then perhaps putting trellis on
top of that. Wouldn't the deeds usually show any such restrictions, if they
exist?
--
Sacha
www.hillhousenursery.co.uk
South Devon
(remove the weeds to email me)