farmer sold site-fencing obligations

AJL

Registered User
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54
Have a site I bought off Farmer. It is surrounded by his land. What obligations has he to fence off the site? My house is built a year and I was onto him to fence in his livestock at the back of the house as there was only an electric wire running behindthe site.
He fenced the back area and wanted me to go halves. I said no as I felt I paid a substantial amount for the site and he was obliged to fence in his livestock. He has completed the fencing at the back.
Dilemma now is that he has a site next to me. I want to run fencing on this side and I was going to ask him to go halves. Does he have any obligations under the law? looking for some guidance here.
 
Usually fencing would be written into sale contract as to whose responsibility it is.

To me your trying to have you're cake and eat it at the same time. Going halves with the farmer initially seemed to be a good compromise. You didn't go that route and he covered 100% of the cost. Now you want him to go halves this time. I can see his colourful answer to that already forming in my mind.

You should cut your losses, ask him for permission to erect the fencing, get the boundary measurements right, and just erect your fence.

I put up concrete posts and chainlink fence between my neighbour and myself (having said it to him), fence up and solicitor told me that the fence is 100% mine because I 100% paid for its erection. Neighbour can never interfere with it.

Good but expensive option ... concrete posts, chainlink and strainers.
Cheaper and faster option: timber post and rail (If you go with this option stand post in compacted gravel rather than in concrete as the posts would eventually rot at their bases.)
 
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Hi,

I don't really understand your dilemma. I was under the impression once you bought a site it is up to you to fence off your area and to make sure it is as per your map attached to your contract. As previously stated it is normally written in to your contract regarding fencing. Normally the price of the fencing falls on the purchaser of the site. Cetainly when I built 15 years ago that was the way irrelevant of how much you paid for the site.

Angela59
 
I would have thought that this would be one of the first things that would have been done so that the site outline is clear. If you intend living in the house for a while then it is easier to keep the peace with the neighbours with the farmer being one of them.Opt to put up the fence and try and agree the line of it with him he may offer to contribute to it or even help.
 
He fenced the back area and wanted me to go halves. I said no

A little neighbourly co-operation can make life so much easier for everyone concerned and is always(well nearly) appreciated and reciprocated.

As far as I'm aware the norm is that the person buying a site is responsible for fencing it. I certainly fenced off the site I bought 5 months ago.

Of course you could always hang on until the site is sold and try to force your new neighbour into fencing it. Continue in this vein and no doubt all your neighbours will love you.
 
Definitely the norm for the purchaser to erect the Stock fence, we did ours almost immediately and asked the farmer for a contact name. The things he has done for us since then make the cost of the stock fence pale into insignificance ! Hes calls them neighbourly jestures ! Well worth the Christmas hamper every year since.


Secman
 
Usually, in the country, the person buying the site is legally oblidged to make the site 'stock proof'. But this should be noted in your contract with the farmer.

For ours, I fenced the back and side with post and rail. However, withing aday of planting my hedge, the cows ate the hedge, I now have sheep and barbed wire just outside my boundary (with the farmers permission)

Sure you can't be asking him to go halves now, when you didn't go halves for the back?
A bit of give and take as this guy will be your neighbour, also, you may want to maintain good relations with him (i.e. if you ever want to purchase an extra bit of land)