Any lawyers here? Interesting fencing question.

**watermellon** · 16th June 2010, 16:17

In 1979 the previous owners of our house (now deceased) purchased an additional title from the next door neighbour in order to have more back garden. At the time it was agreed, in writing and through a solicitor, that the buyers would be responsible for any fencing costs. The neighbours were good friends and no fence was ever built. We bought the deceased estate eighteen months ago, now wish to build a fence and assumed The Fencing Act applied. However, the neighbour refuses to contribute toward the cost citing the original agreement (of which we had no knowledge). Where do we stand?

Thanks.

**Mom** · 16th June 2010, 16:29

Originally Posted by watermellon

In 1979 the previous owners of our house (now deceased) purchased an additional title from the next door neighbour in order to have more back garden. At the time it was agreed, in writing and through a solicitor, that the buyers would be responsible for any fencing costs. The neighbours were good friends and no fence was ever built. We bought the deceased estate eighteen months ago, now wish to build a fence and assumed The Fencing Act applied. However, the neighbour refuses to contribute toward the cost citing the original agreement (of which we had no knowledge). Where do we stand?

Thanks.

Is that agreement recorded on your title by way of covenant?

Personally I would just build the fence and ask for a contribution. If it is forthcoming all well and good, if not tough titty. You have to live next door to these people afterall.

**Mully** · 16th June 2010, 16:37

What Mom said. Is there anything on your sale-and-purchase agreement too?

Interesting question though.

How much is the fence? Is it worth having unhappy neighbours if you can force them to pay (i..e are you better to just pay for it all yourselves and have a happy neighbourhood)

**Bikemad** · 16th June 2010, 16:40

im no lawyer but i would have thought the neighbour should have to show proof of that agreement otherwise the fencing act should apply
also i doubt you can be held to a contract verbal or otherwise if you wernt involved in the inception of said contract...........if you know what i mean

**geoffc** · 16th June 2010, 16:50

Put yourself in your neighbours shoes. You have an agreement in writing. Would you then want to cough up for a fence? I wonder if you have some come-back against the Land Agents. If the knew & did not disclose this they could be liable. I suggest you visit your local Community Law Office. They would give free legal advice on the matter. If there isn't one, contact Citizens Advice Bureau. They generally have a free legal service available. If it was me I would prefer to keep in sweet with the neighour but that is your call. cheers

**watermellon** · 16th June 2010, 20:18

Managed to have a word with my lawyer. He said: "Any agreement between the previous owners and your neighbours is personal to them and not binding on you. Fencing covenants can be registered on the title so that they “run with the land” but there is no such registered covenant on your title".

He went on to explain the process of getting them to pay their share and also said that we shouldn't build the fence first then pursue the neighbour's half.

However, I agree with some of you that the relationship with the neighbour is also important. I'm going to make him aware that he's liable but not press him for payment. I'll get the fence done (needs doing sooner rather than later) then ask him for a contribution. If he's also keen to maintain the relationship then, knowing that I could've enforced payment, maybe he'll have the good grace to pay something.

**bogan** · 16th June 2010, 20:24

from his perspective though, he's obviously happy without a fence. Now he has to put up with a fence and pay for it!

**watermellon** · 16th June 2010, 20:37

I can put myself in his shoes Bogan and won't be forcing him to pay anything. Need the fence though. He's got quite an aggressive dog and we've a baby that we'll want to play safely in the garden when she's a bit older.

**Jackal** · 16th June 2010, 20:39

Just tell him you will build the fence as you have come across a great deal on second hand corrogated iron from a ripped out gang headquarters and he will be happy to meet the cost on a 'decent' fence.

**watermellon** · 16th June 2010, 20:45

LOL. Or just buy a bigger dog than his...

**Fatt Max** · 16th June 2010, 21:13

Now, I know a bit about this....ahem......

Fencing, also called modern fencing to disambiguate it from styles of historical fencing, is a family of combat sports using bladed weapons.

Fencing is one of the four sports which have been featured at every modern Olympic Games. Currently, three types of weapon are used in Olympic fencing:

Foil — a light thrusting weapon; the valid target is restricted to the torso, the chest, shoulders, and back; double touches are not allowed (see priority rules below). This weapon follows the rules of "right of way." In the 17th century it used to be named fleuret and it was developed in France.
Épée — a heavy thrusting weapon; the valid target area covers the entire body; double touches are allowed. There is no "right of way" in épée.
Sabre — a light cutting and thrusting weapon; the valid target area is the saddle line, which is from one side of the fencer's hip to the other, and up, this also includes the head. The target area does not include the hands. This weapon follows the rules of "right of way." The sabre is also used for training because of its light weight.
Modern fencing originates in the 19th century, as a direct continuation of the 18th century French school of fencing which had in turn been influenced by the Italian school of the Renaissance.

Oh hang on, just seen the thread.........sorry.....blimey, look I really am sorry......ahem.........

**Berries** · 16th June 2010, 21:23

Touché.

Dix char

**Owl** · 17th June 2010, 22:33

Originally Posted by Fatt Max

Now, I know a bit about this....ahem......

And here I was thinking you were just a pie connoisseur?

**Gubb** · 17th June 2010, 22:57

Originally Posted by Fatt Max

Now, I know a bit about this....ahem......
Fencing is one of the four sports which have been featured at every modern Olympic Games. Currently, three types of weapon are used in Olympic fencing:

I'd be happy to lose to Bruce Dickinson at *anything*.

**Pixie** · 18th June 2010, 10:46

Originally Posted by watermellon

Managed to have a word with my lawyer. He said: "Any agreement between the previous owners and your neighbours is personal to them and not binding on you. Fencing covenants can be registered on the title so that they “run with the land” but there is no such registered covenant on your title".

He went on to explain the process of getting them to pay their share and also said that we shouldn't build the fence first then pursue the neighbour's half.

However, I agree with some of you that the relationship with the neighbour is also important. I'm going to make him aware that he's liable but not press him for payment. I'll get the fence done (needs doing sooner rather than later) then ask him for a contribution. If he's also keen to maintain the relationship then, knowing that I could've enforced payment, maybe he'll have the good grace to pay something.

If he doesn't pay,throw the faeces of whatever beast you are trying to fence in,over the fence and into his garden on a regular basis