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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10590
Experience:  Barrister 17 years experience
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I common with all other properties on a site - a covenant requires

Customer Question

I common with all other properties on a site - a covenant requires all owners to "Maintain" their fences. Can anyone replace a section of fence and install a gate?
WNM
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Bill, the obligation to maintain a Fence, does not prevent one party of several on a site, from installing a gate in their fence. Essentially, the obligation to "maintain" a fence merely gives rise to the obligation to maintain a permanent boundary between two properties. Erecting a gate in part of the boundary continues to mean there is a permanent boundary in the fence line. An obligation to maintain does not prevent a fence including a gate should the owner so wish. So here, replacing a section of the fence and installing a gate is a perfectly reasonable fulfilling of the obligation to "maintain" the fence.
Expert:  Buachaill replied 1 year ago.
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