We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Fence painted!

2

Comments

  • cootambear
    cootambear Posts: 1,474 Forumite
    1,000 Posts Combo Breaker
    a1cat wrote: »
    In my experience this is rarely the case.

    I used to be responsible for the buying and selling of houses and this was a standard clause, along with other garden issues such as rights to the garden produce etc.

    I`m long out of practice but IIRC there is a general rule that a property owner is responsible for the fences on one side of the house.
    Freedom is the freedom to say that 2+2 = 4 (George Orwell, 1984).

    (I desire) ‘a great production that will supply all, and more than all the people can consume’,

    (Sylvia Pankhurst).
  • a1cat
    a1cat Posts: 1,355 Forumite
    cootambear wrote: »
    I used to be responsible for the buying and selling of houses and this was a standard clause, along with other garden issues such as rights to the garden produce etc.

    I`m long out of practice but IIRC there is a general rule that a property owner is responsible for the fences on one side of the house.

    Don't wish to pick an argument but that's plain wrong - can others add anything here?

    Responsibility for ie ownership of fences is purely a function of where they sit on the boundary.

    Never heard ANY legalese about rights to garden produce, what is that? lol - I own the apple tree but XYZ can get the apples? :D
  • Dave101t
    Dave101t Posts: 4,157 Forumite
    at most, its vandalism, call the police.
    Target Savings by end 2009: 20,000
    current savings: 20,500 (target hit yippee!)
    Debts: 8000 (student loan so doesnt count)

    new target savings by Feb 2010: 30,000
  • onestep
    onestep Posts: 893 Forumite
    500 Posts
    Dave101t wrote: »
    at most, its vandalism, call the police.

    I'd be mad too, but you've still got to live next door to them, and you are legally obliged to declare a dispute like this when you sell your house. I'm not sure it's worth that.

    Take a day to calm down about it, and check the deeds to your property to establish exactly where the boundaries are. Take a copy with you when you go and see the neighbour, to clarify it to him. He might think he was helping.. or he might have been malicious, it depends on what your relationship is like with him anyway.? If you can be civil, then just point out to him that the wooden fence is entirely on your property (if that is indeed the case) and how it looks is up to you. And that it is not up to him to paint it.

    Good luck.
    When people show you who they are, believe them the first time
  • cootambear
    cootambear Posts: 1,474 Forumite
    1,000 Posts Combo Breaker
    a1cat wrote: »
    Don't wish to pick an argument but that's plain wrong - can others add anything here?

    Responsibility for ie ownership of fences is purely a function of where they sit on the boundary.

    Never heard ANY legalese about rights to garden produce, what is that? lol - I own the apple tree but XYZ can get the apples? :D

    Its a standard part of a house sale contract. you can probably download a generic one off the net.

    Other similar things are covered like the rights to any fuel oil left over, etc.
    Freedom is the freedom to say that 2+2 = 4 (George Orwell, 1984).

    (I desire) ‘a great production that will supply all, and more than all the people can consume’,

    (Sylvia Pankhurst).
  • a1cat
    a1cat Posts: 1,355 Forumite
    cootambear wrote: »
    Its a standard part of a house sale contract. you can probably download a generic one off the net.

    Other similar things are covered like the rights to any fuel oil left over, etc.

    Sorry, Coots, that just ain't the case.

    You may have bought a place where the old owner wanted the apples etc and inserted a clause about that but in any standard exchange, the issue is ignored and the rights to the harvest fall to the new owner.
  • cootambear
    cootambear Posts: 1,474 Forumite
    1,000 Posts Combo Breaker
    a1cat wrote: »
    Sorry, Coots, that just ain't the case.

    You may have bought a place where the old owner wanted the apples etc and inserted a clause about that but in any standard exchange, the issue is ignored and the rights to the harvest fall to the new owner.

    well have a look. there is a box in the contract that the seller has to tick giving rights to the new owner to the harvest. I`ve seen it about 30 times. I`ve gone though it with sellers. I am not known to duck a fight, but on this issue I am happy to keep silent from now on :) Agree to disagree?
    Freedom is the freedom to say that 2+2 = 4 (George Orwell, 1984).

    (I desire) ‘a great production that will supply all, and more than all the people can consume’,

    (Sylvia Pankhurst).
  • a1cat
    a1cat Posts: 1,355 Forumite
    cootambear wrote: »
    well have a look. there is a box in the contract that the seller has to tick giving rights to the new owner to the harvest. I`ve seen it about 30 times. I`ve gone though it with sellers. I am not known to duck a fight, but on this issue I am happy to keep silent from now on :) Agree to disagree?

    Nae problemo - for 48 hours :D

    Others have 2 days to say what they think, then I might comment.

    Not a word more from me :rotfl:
  • annie123
    annie123 Posts: 4,256 Forumite
    1,000 Posts Combo Breaker
    cootambear wrote: »
    check your house purchase documents. it should clearly state who is responsible for which fences.
    a1cat wrote: »
    In my experience this is rarely the case.
    a1cat wrote: »
    Nae problemo - for 48 hours :D

    Others have 2 days to say what they think, then I might comment.

    Not a word more from me :rotfl:

    sorry to stick my nose into your truce, but.........

    I was an estate agent for many many years in addition to having moved home several times, can confirm that title deeds do show who has responsibility for which boundary fence/wall/hedge etc.

    Never come accross the harvest thing but did once have a clause in a lease that said the old owner had to give the new owner permission to have single gentlemen callers after 6pm. If no permission given the freeholder had the right to fine the new owner 5 shillings for each visit :rotfl:


    OP.........a 2 brick high wall would not say boundary wall to me.
    Their solicitor may have used the word fence, and that's what they saw, a small fence.
    I understand your miffed and why but it's not worth starting off on the wrong foot. Your fence hasn't been damaged.
  • cootambear
    cootambear Posts: 1,474 Forumite
    1,000 Posts Combo Breaker
    annie123 wrote: »
    sorry to stick my nose into your truce, but.........

    I was an estate agent for many many years in addition to having moved home several times, can confirm that title deeds do show who has responsibility for which boundary fence/wall/hedge etc.

    Never come accross the harvest thing but did once have a clause in a lease that said the old owner had to give the new owner permission to have single gentlemen callers after 6pm. If no permission given the freeholder had the right to fine the new owner 5 shillings for each visit :rotfl:


    OP.........a 2 brick high wall would not say boundary wall to me.
    Their solicitor may have used the word fence, and that's what they saw, a small fence.
    I understand your miffed and why but it's not worth starting off on the wrong foot. Your fence hasn't been damaged.

    not breaking the truce, but at least a third of the houses I`ve dealt with (Yorkshire) have had clauses that have affected between 2-10 houses, giving rights to dump coal ash on a commonly held bit of ground. I live in such a house now.
    Freedom is the freedom to say that 2+2 = 4 (George Orwell, 1984).

    (I desire) ‘a great production that will supply all, and more than all the people can consume’,

    (Sylvia Pankhurst).
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.9K Banking & Borrowing
  • 253.9K Reduce Debt & Boost Income
  • 454.7K Spending & Discounts
  • 246K Work, Benefits & Business
  • 602.1K Mortgages, Homes & Bills
  • 177.8K Life & Family
  • 259.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.