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Landowner trying to force me to put up fence

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Comments

  • xylophone
    xylophone Posts: 45,749 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    and you will have had legal advice that this obligation would have been binding against the original buyer of the property as a matter of contract law but not binding on successors in title. That is of course if your solicitor knew the law.

    I expect he did.

    That said, I don't recall ever questioning the requirement!

    I wouldn't be happy about allowing free access to my property from the adjoining garden.....
  • Beenie
    Beenie Posts: 1,637 Forumite
    Part of the Furniture 1,000 Posts
    our garden adjoins a large field. The land was originally glebe and owned by the church, however the new landowner when it sold decided to erect a post and rail fence. There was no consultation. The nasty thing is that he covered it with razor barb. A couple of our cats got sliced, but we could take them to the vet for treatment. I worried about the wildlife that didn't have a human to care for them. In short, it's best to agree some sort of compromise with the farmer otherwise he can do what he wants (and you may not like the result).
  • teneighty
    teneighty Posts: 1,347 Forumite
    edited 28 February 2019 at 3:13PM
    Beenie wrote: »
    our garden adjoins a large field. The land was originally glebe and owned by the church, however the new landowner when it sold decided to erect a post and rail fence. There was no consultation. The nasty thing is that he covered it with razor barb. A couple of our cats got sliced, but we could take them to the vet for treatment. I worried about the wildlife that didn't have a human to care for them. In short, it's best to agree some sort of compromise with the farmer otherwise he can do what he wants (and you may not like the result).

    Razor wire or barbed wire? The first is an anti intruder wire and should not be used where people can accidentally come in to contact with it so generally not below 2.5m from the ground. Barbed wire is a standard stock fencing wire and is perfectly legal as a boundary fence.

    I have barbed wire at the end of my garden separating a field but I erected a second fence on my side to keep the dogs away from it.
  • xylophone
    xylophone Posts: 45,749 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The nasty thing is that he covered it with razor barb.

    https://www.razorwireuk.com/faq/

    Did you refer this to the local council?
  • ThePants999
    ThePants999 Posts: 1,748 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    So the only way that a positive covenant like this can be binding is if the title provides for a deed of covenant to be entered into on a sale, whereby the buyer promises to observe and perform particular covenants. Anything else, just won't be enforceable.
    But that happens all the time. My current and previous homes both had covenants bound this way. (And one of the positive covenants in my current home is, guess what, maintaining "suitable fences and walls on [certain] boundaries".)
  • Nasqueron
    Nasqueron Posts: 11,048 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Put metal spikes in the ha-ha and tell him you have done this, he'll soon contain his herd

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If you want a pretty fence, put it up yourself.
    If you don't care what it looks like, wait for him to put it up
    Changing the world, one sarcastic comment at a time.
  • So he's happy for his cows to be on your land ....
  • pinkshoes
    pinkshoes Posts: 20,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Cows in your garden = free steak????
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • melanzana
    melanzana Posts: 3,953 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    Some entitled people out there all the same who demand people do this and that for their benefit.

    Anyway, I personally would ignore for now.

    But if it escalates, surely there is a way for both parties to pay equally for a fence of some sort? If pushed I would just put wires between fence posts and maintain the view.

    Awful the way some people can demand things really. But compromise is the way to go I think.

    what are the legalities of farmer demanding you do this? Would love to know
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