To clarify, my screen is fixed to the fence he erected on my side of the
boundary when he replaced my old fence.
Bill Pritchard
Retired and Emotional

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 ;-)

But do try to sort out something amicably. There's no end to the trouble
a disgruntled neighbour can cause.
--
Kay
"Do not insult the crocodile until you have crossed the river"

"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.


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

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


But do try to sort out something amicably. There's no end to the trouble
a disgruntled neighbour can cause.


True.

But best to be clear on the legal niceties before opening negotiations!

btw, did the neighbour remove an existing fence when he erected the on now
in place? If so his case is even more weakened!



pk

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"

"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?



pk

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)

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?

Planning Permission will be necessary for the erection of a fence, wall,
gate or any other means of enclosure provided that:-

1) It would adjoin a road, alleyway or garage court used by vehicular
traffic and would be over 1 metre in height or would be over 2 metres
high elsewhere.


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

On 14/8/04 12:01, in article , "Kay"
wrote:

snip
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?

Planning Permission will be necessary for the erection of a fence, wall,
gate or any other means of enclosure provided that:-

1) It would adjoin a road, alleyway or garage court used by vehicular
traffic and would be over 1 metre in height or would be over 2 metres
high elsewhere.

This particular fence is just between two gardens and doesn't border
anything as you describe it above.
--
Sacha
www.hillhousenursery.co.uk
South Devon
(remove the weeds to email me)

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?

Yes, but you need planning approval for a fence more than 2 metres high
along a boundary with another property. The 2meteres icluses the height of
any trellis.

Yes, but you need planning approval for a fence more than 2 metres high
along a boundary with another property. The 2meteres icluses the height of
any trellis.


What are the limits you can have a Conservatory or Sun Lounge to a
neighbour's land/property? And does it matter if they own the fence? AND,
does this distance vary from Council to Council?
We are a semi and I am 'thinking' of a Sun Lounge up to my neighbour or as
close as we can. No problem with any dispute with these neighbours as we get
on very well with ALL of them, front, back and side :-)).

Mike
thinking of a sun lounge facing South :-))))))))

In article , Sacha
writes
On 14/8/04 12:01, in article , "Kay"
wrote:

snip
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?

Planning Permission will be necessary for the erection of a fence, wall,
gate or any other means of enclosure provided that:-

1) It would adjoin a road, alleyway or garage court used by vehicular
traffic and would be over 1 metre in height or would be over 2 metres
high elsewhere.

This particular fence is just between two gardens and doesn't border
anything as you describe it above.

In other words 'elsewhere' and limited to 2m.

If it adjoined road alleyway etc it would be limited to 1m.
--
Kay
"Do not insult the crocodile until you have crossed the river"

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

I am fairly certain that if the fence was erected on what is
indisputably *your* side of the boundary, then your neighbout will be
trespassing and causing damage to your property if he tries to remove
the screen you erected on the fence.

But, when all is said and done, why can you and the neighbour not come
to some agreement about how to handle the situation?

Let's ask the thousand dollar question: Was it perhaps a particularly
nasty screen which you put up on the fence?

Franz

What are the limits you can have a Conservatory or Sun Lounge to a
neighbour's land/property? And does it matter if they own the fence?
AND, does this distance vary from Council to Council?
We are a semi and I am 'thinking' of a Sun Lounge up to my neighbour
or as close as we can. No problem with any dispute with these
neighbours as we get on very well with ALL of them, front, back and
side :-)).


You will find most answers here.

http://www.onlineplanningoffices.co.uk

Apart from the pure legal requirements many people go wrong by not talking
to their neighbours before they start work. Often a mutually acceptable
solution can be found. Likewise it is well worth talking to the palnners
before making an application if you need to make one.

On Sat, 14 Aug 2004 10:32:06 +0100, Kay wrote:

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.

There's a legal principle that structures become part of the land
they are affixed to. If that principle is applicable in this
instance, as seems possible, then regardless of who paid for it,
the fence belongs to whoever owns the land it is actually sited
on. Of course there are exceptions where leases are written that
specifically give the tenant the right to remove structures he's
erected, but the default is otherwise

I don't know if this principle is part of the law in the UK,
though at a guess it is, since it's pretty old and pretty
fundamental to the legal definition of "land".

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.

I've been told that here in BC, the law gives property owners the
right of access to adjoining properties for the purpose of
maintaining fences. I don't know if this is true, but it seems
like a reasonable provision to made in law.

But I must admit that when I read the ferocious fights you guys
soemtimes get into over these issues in the UK, my conclusion is
that the UK is simply overpopulated and overcrowded. These spats
over fences resemble nothing so much as rats fighting when
overcrowded in a cage.

I'm sure we too have these kinds of disputes from time to time,
but I really can't think of an instance.


--
Rodger Whitlock
Victoria, British Columbia, Canada
[change "atlantic" to "pacific" and
"invalid" to "net" to reply by email]

On Sat, 14 Aug 2004 14:20:04 +0000 (UTC), Mike wrote:

What are the limits you can have a Conservatory or Sun Lounge to a
neighbour's land/property? And does it matter if they own the fence? AND,
does this distance vary from Council to Council?
We are a semi and I am 'thinking' of a Sun Lounge up to my neighbour or as
close as we can. No problem with any dispute with these neighbours as we get
on very well with ALL of them, front, back and side :-)).

Since you're on good terms with them, all the more reason to
jointly seek legal counsel and make sure the i's are dotted and
the t's crossed. Remember, either you or they *will* one day
sell, and the new occupant may be less flexible. That's when you
want the legal situation firmly nailed down in writing.


--
Rodger Whitlock
Victoria, British Columbia, Canada
[change "atlantic" to "pacific" and
"invalid" to "net" to reply by email]