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Old 29-02-2004, 11:46 PM
OrangeMan
 
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Default Erecting garden fence on my side

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 .
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Old 29-02-2004, 11:47 PM
andrewpreece
 
Posts: n/a
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 .


Don't know about the legal position but it seems to me he shouldn't have
planted anything directly on the boundary line and that you have a perfect
right to shave his trees off on your side if you so wish. Of course it's
best not to get into conflict over these things but I would on no account
move the
fence onto your side a little to let you build it as you may eventually lose
our rights over the strip of your land on his side of the fence.

You don't say what type of fence you are building? If it's just horizontal
wires between concrete posts then could you snake the wire around the trees.
If it's a solid fence ( i.e timber ) could you not build a picket type fence
( vertical timbers or pales ) and simply omit timbers or cut to shape when
you get to an obstructing tree? I've seen fences/walls make allowance for
trees in this way before.

It seems to me that if your neighbours insists on the fence being chain link
then he'll have to help you out somehow otherwise you just can't do it
properly. I would have thought that at least the shrubs could be hacked off
on your side without dire consequences. As for the tree, how about
resituating posts on either side of it so you can take a chain link fence up
to the tree on both sides but break it where the trunk is.

More radical, can you use the tree itself as a post for anchoring chain link
( break the chain link at the tree so it doesn't have to go around one side
or the other. A few vine eyes screwed into its trunk won't hurt it. Just a
few ideas......

Andy


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Old 29-02-2004, 11:47 PM
andrewpreece
 
Posts: n/a
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 .


Don't know about the legal position but it seems to me he shouldn't have
planted anything directly on the boundary line and that you have a perfect
right to shave his trees off on your side if you so wish. Of course it's
best not to get into conflict over these things but I would on no account
move the
fence onto your side a little to let you build it as you may eventually lose
our rights over the strip of your land on his side of the fence.

You don't say what type of fence you are building? If it's just horizontal
wires between concrete posts then could you snake the wire around the trees.
If it's a solid fence ( i.e timber ) could you not build a picket type fence
( vertical timbers or pales ) and simply omit timbers or cut to shape when
you get to an obstructing tree? I've seen fences/walls make allowance for
trees in this way before.

It seems to me that if your neighbours insists on the fence being chain link
then he'll have to help you out somehow otherwise you just can't do it
properly. I would have thought that at least the shrubs could be hacked off
on your side without dire consequences. As for the tree, how about
resituating posts on either side of it so you can take a chain link fence up
to the tree on both sides but break it where the trunk is.

More radical, can you use the tree itself as a post for anchoring chain link
( break the chain link at the tree so it doesn't have to go around one side
or the other. A few vine eyes screwed into its trunk won't hurt it. Just a
few ideas......

Andy


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Old 29-02-2004, 11:48 PM
Jaques d'Alltrades
 
Posts: n/a
Default Erecting garden fence on my side

The message
from "andrewpreece" contains these words:

More radical, can you use the tree itself as a post for anchoring chain link
( break the chain link at the tree so it doesn't have to go around one side
or the other. A few vine eyes screwed into its trunk won't hurt it. Just a
few ideas......


Or even drill holes right through the trees and pass the straining wire
through.

--
Rusty
Open the creaking gate to make a horrid.squeak, then lower the foobar.
http://www.users.zetnet.co.uk/hi-fi/
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Old 29-02-2004, 11:48 PM
Jaques d'Alltrades
 
Posts: n/a
Default Erecting garden fence on my side

The message
from "andrewpreece" contains these words:

More radical, can you use the tree itself as a post for anchoring chain link
( break the chain link at the tree so it doesn't have to go around one side
or the other. A few vine eyes screwed into its trunk won't hurt it. Just a
few ideas......


Or even drill holes right through the trees and pass the straining wire
through.

--
Rusty
Open the creaking gate to make a horrid.squeak, then lower the foobar.
http://www.users.zetnet.co.uk/hi-fi/


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Old 02-03-2004, 03:12 PM
Martin Sykes
 
Posts: n/a
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


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Old 02-03-2004, 03:12 PM
Martin Sykes
 
Posts: n/a
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


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Old 02-03-2004, 03:47 PM
Martin Sykes
 
Posts: n/a
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


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Old 02-03-2004, 03:47 PM
Martin Sykes
 
Posts: n/a
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


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Old 02-03-2004, 07:43 PM
Jaques d'Alltrades
 
Posts: n/a
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.
http://www.users.zetnet.co.uk/hi-fi/


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Old 02-03-2004, 09:26 PM
martin
 
Posts: n/a
Default Erecting garden fence on my side

On Tue, 2 Mar 2004 09:49:07 GMT, Jaques d'Alltrades
wrote:


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.


and bury some netting to keep out moles and escaping POWs.
--

Knowledge is knowing a tomato is a fruit;
Wisdom is not putting it in a fruit salad
  #12   Report Post  
Old 02-03-2004, 09:51 PM
martin
 
Posts: n/a
Default Erecting garden fence on my side

On Tue, 2 Mar 2004 09:49:07 GMT, Jaques d'Alltrades
wrote:


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.


and bury some netting to keep out moles and escaping POWs.
--

Knowledge is knowing a tomato is a fruit;
Wisdom is not putting it in a fruit salad
  #13   Report Post  
Old 02-03-2004, 09:52 PM
martin
 
Posts: n/a
Default Erecting garden fence on my side

On Tue, 2 Mar 2004 09:49:07 GMT, Jaques d'Alltrades
wrote:


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.


and bury some netting to keep out moles and escaping POWs.
--

Knowledge is knowing a tomato is a fruit;
Wisdom is not putting it in a fruit salad
  #14   Report Post  
Old 02-03-2004, 10:09 PM
martin
 
Posts: n/a
Default Erecting garden fence on my side

On Tue, 2 Mar 2004 09:49:07 GMT, Jaques d'Alltrades
wrote:


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.


and bury some netting to keep out moles and escaping POWs.
--

Knowledge is knowing a tomato is a fruit;
Wisdom is not putting it in a fruit salad
  #15   Report Post  
Old 02-03-2004, 10:10 PM
martin
 
Posts: n/a
Default Erecting garden fence on my side

On Tue, 2 Mar 2004 09:49:07 GMT, Jaques d'Alltrades
wrote:


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.


and bury some netting to keep out moles and escaping POWs.
--

Knowledge is knowing a tomato is a fruit;
Wisdom is not putting it in a fruit salad
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