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AnthonyL AnthonyL is offline
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Default Fence orientation

On Wed, 15 Nov 2017 22:13:35 +0000, Robin wrote:

On 15/11/2017 20:47, Andrew wrote:
On 15/11/2017 15:58, AnthonyL wrote:
I've just had a closer look and the nice preformed concrete post has
been placed about on the centre line of the border so about half of it
is now on my property.


Well this is completely wrong. Your neighbour is trespassing onto
your property.

Boundary fences (or structures) do not cross the boundary. The
entire width of your fence or wall occupies your own space.

If they are slotted concrete posts, then the outside face
marks the boundary.

If it is a wall with coping stones that project, the wall
must be set back onto your property so that the coping
stones do not cross the boundary.

This is established boundary law.


While the above is the common position, AFAIK a fence may straddle the
boundary and be owned jointly by the 2 neighbours. The deeds/LR may
then show "T" marks on both sides so it looks like an "H". Or may not.
"T" marks don't necessarily indicate ownership. Indeed, as the LR
state in their Practice Guide 40:


I don't want joint ownership. I was quite satisfied with the
alignment of the pre-existing fence at the time of purchasing my
property 2 years ago. The "T" marks for that fence are indicated on
the neighbours' side on the LR documents.

It is in the repairing of the fence that the alignment has changed
purely for the repaired section and merely a matter of inches. The
owner had a handyman do the work and then redo the work (under
sufference) to put the panels the "right way round" eg consistent with
the rest of the fence.

It is a slotted concrete post and I would estimate that the slots are
about on the boundary so maybe its only the post that encroaches.


--
AnthonyL