LAW

Legal Studies



Legal Studies

Question 1

According to the current situation it was clearly stated during the transfer that Terry would “not allow the fence between the orchard and garden to fall into disrepair”. There was no express grant of an easement included in the transfer. Therefore the druids are now using the path across Jane's garden and planning to build a replica of Stonehenge on the orchard. Jane can stop them with the help of land law so that druids may not cross her garden and repair the fence.

If the question Jane is asking is: How can I make my neighbour repair or replace his fence? then my answer is that Jane most likely cannot force him to spend money on his fence if doesn't want to. It is, after all, his fence and if he wants to let it rot away then that is his choice.  Don't forget that there is no general obligation in law that requires him to fence his boundaries, so Jane cannot depend on the forces of law to make him change his mind.  There is no point instructing a boundary demarcation and disputes expert to write a report with which you are hoping to remind your neighbour that he should repair the fence: if he doesn't want to spend money on his fence then he will not listen to your expert. So you would be wasting your money, quite possibly as much or more money than it would cost to pay for a new fence. Jane could do nothing and just watch the fence rot away.  Jane could leave the old fence exactly where it is and erect your own fence right alongside of his neighbour's fence. So there are now two fences, one on Jane land and one on his neighbour's land. The boundary, being a line of no thickness, would then run between the two fences even if those fences are touching each other. 

The conveyance deed (or the transfer deed) may express in words the boundaries for which the owner of the property is responsible. If it does not then the conveyance (or the transfer) plan may employ the convention of applying a T-mark to those boundaries for which responsibility rests with the owner of the property (as in the diagram at right). If responsibility for the boundary is shared (for example, in the case of a "party fence wall") then an H-mark (effectively two T-marks mirrored on the boundary line) is the conventional symbol that is used.

If the deeds are silent on the question of responsibility for the boundary then you may have to work on the basis of the information given in the Seller's Property Information Form by the vendor at the time you bought your property.

It is sometimes possible to infer who is responsible for a fence by establishing the pattern of fence ownership along the same side of the street.

Posting a “No Trespass” sign, without more, may backfire. If the “No Trespass” sign is not effective in stopping the use, the posting ...