if there hasn't been boundary fences do i have to reinstate

[lisap]

if there hasn't been boundary fences do i have to reinstate them? We have had plants as boundar, predating us, from 60's or 70's and was just wondering if we can be made to put up a boundary fence or is there a time period that has elapsed ,like if you put boundary fence in wrong place and it stays there 10 years? Just interested...(if this makes sense!!)
The deeds say fence but nieghbours had an informal agreement, to have plants.

 

[kingandy2nd]

No you don't.

 

[lisap]

Short and sweet What if the nieghbours moan?? We read somewhere that, in the deeds, if it says 'fence' it means any barrier, so bushes, hedge trees etc are included, but cant find a useable quote, is this true!

 

[JohnD]

look at the "deeds" and see who they say has the right to force you to build a fence.

It is usually the builders or developers, or whoever sold the land to be built on. It is not usually the neighbours.

By now they are probably dead, or out of business, or don't care.

 

[Deleted2797112]

I believe that neighbours can acquire the right to enforce positive covenants that were originally put in place by builders/developers if they no longer exist. It doesn't happen often but it is possible legally.

A fence is a fence. Plants are a hedge which is not a fence. If your deeds use the word fence, they mean fence.

 

[^woody^]

Deeds do not tend to state that you have to maintain a fence, but tend to state who is responsible for maintaining the boundary.

Only if there is an express statement specifically mentioning "maintaining a fence" would the landowner need to maintain a fence

Whatever is stated (covenanted) on the deed remains until it is removed and a new deed written. It is not removed by the passage of time - although the ability to enforce the covenant may be reduced over time

 

[big-all]

my deeds actualy mention a 4ft fence sufficient to restrain livestock or words to that effect so must have been near grass when built unlike now with a hundred houses in any direction

 

[lisap]

boundaries are such a mindfield! I found this quote:

In the 4th Edition of Halsbury's Laws of England (2002), Volume 4(1), ¶947, the authors write:

"Although fences are frequently used to mark the situation of boundaries, nonetheless they are primarily guards against intrusion, or barriers to prevent persons or animals from straying out, and therefore in this sense the term includes not only hedges, banks and walls, but also ditches."
and

In The Law of Party Walls and Fences, the author writes:

"Fences ... are ... guards against intrusion. A fence may consist of almost any kind of enclosure or division but a hedge, ditch, bank or wall will be most commonly found to answer that term."So who knows!! I think it depends who is interpreting the paperwork on the day!