Ex council fence on my land, can I remove?

Sandtree

casper_gutman said:
The deeds won't tell you anything about ownership of the fence, just about who is responsible for maintaining the boundary. You can put a fence along a boundary even if you don't have responsibility for it, and it doesn't become the property of the person on the other side just because the deeds say they should have put a fence up.

I appreciate the T plans only show who's responsible for maintenance but it would, you'd assume, generally follow that those that are to maintain it are most likely to be the owners.

As an aside @casper_gutman, if the deeds make it clear that Party A is responsible for maintenance but Party B erected the boundary structure and therefore its B's property. What obligations does that put on A to preserve/maintain B's property? Is there grounds for appeal if B erected something that is very high maintenance whereas A would have been happy with a basic/easy panel fence?

Davesnave

bris said:

Going by the picture a dropped kerb would be very unlikely as it's going in from the side over this path and not from the front.

I don't think there's a law that says a side vehicular entrance is unacceptable, but there may be covenants running with the land designed to prevent alterations to the design of the estate. Also, we can't see the visibility issues that might exist or proximity to road junctions etc.

The worst feature of this site for granting vehicles access may be the intersection of the public footpath and pavement. I doubt if it's a goer myself.

casper_gutman

Sandtree said:

... What obligations does that put on A to preserve/maintain B's property? Is there grounds for appeal if B erected something that is very high maintenance whereas A would have been happy with a basic/easy panel fence?

As far as I know A would have no obligation to maintain B's property. A just has to ensure there is a suitable means of marking the boundary. Practically, if B has erected a fence A could probably do nothing at all. If B tried to insist that A needed to meet their obligations, they could mark the boundary perfectly well by some other means, e.g. a chain hung between posts.