Permission To Erect A Fence On A Boundary Line.

[Delight]

The owner of a piece of land , in front of the condo where I live, has erected a fence-right on the boundary line.

This of course means that we cannot erect our fence in the exact same location .

This newly erected fence is ugly- galvanized sheeting supported by vertical steel poles

The fence that we would erect would be beautiful –all natural.

Diplomatic communication with the owner of this land –at this stage-is not an option

Are there any planning rules which cover this circumstance?

[taninthai]

Plant some trees in stead.......

[worgeordie]

If the owner of the land has made the fence wholly on his

side of the boundary,nothing you can do about it, but you

could plant trees on your side to hide the monstrosity,

regards Worgeordie

[aliep]

You are perfectly free to dig out your side of the boundary line, guess his fence might fall down if you do that

[canopus1969]

First make sure 'half' his fence is on your side then, if it is, report time first to the Land Office then file a Police report.

If that is a bit drastic then simply put your fence up against his and lose a couple of inches off your land.

[Delight]

Thanks for all the replies.

The problem is that there's is only about 1 meter between the 'long ' side of the swimming pool and the boundary line. I know next to zero about Thai trees -particularly in relation to their roots. I fear that if the trees that we may plant are too close to the pool -then they will penetrate the pool walls.

So maybe the real question becomes -Is 1M2 sufficient area to successfully plant a very tall 'Palm 'type tree such that the roots will not penetrate the adjacent underground walls of the pool?

The plan for the final solutions will be a series of these tall trees spaced at 3M intervals . between a pair of trees will be a large double hedge -between the hedges will sit a steel security fence(not visible). This fence sitting on a narrow concrete base.

Any arborists (tree specialist) out there?

-and/or possibly an expert who can answer my original question pertaining to planning regs.

[harrry]

If you do he can cut the leaves over his land and throw them back over the fence. If they damage the fence or footings you are liable too. Why don't you just build your decorate fence on your own land.

[I Like Thai]

I would suggest that you build your own fence up to the extremity of your boundary, ensuring that you do not damage your neighbour's fence. Try to keep your fence the same height as your neighbour's if possible. Then you can look at your fence and he can look at his, then everyone should be happy. Be careful before bringing the law into any land matters, especially if you are a foreigner. The law of the land can run a lot deeper than any state laws.

[Gary A]

If his fence is ugly, paint it. Why would he care. He probably wouldn't even notice it.

[Khun Jean]

note to self:

Leave at least 50 meter between the border of the land and the house.

[dave111223]

note to self:

Leave at least 50 meter between the border of the land and the house.

Better save a few hundred million if you plan to live in Bangkok then.

[PattayaPhom]

Why was a pool built so close, especially when there wasnt a wall in place....Can you paint the fence they have erected, may not look so bad with a lick of paint....other than that, pots with large bushes/trees.

[taninthai]

^

the op states condo ,obviously the developer crams as much as he can it the smallest space possible.

Op better of bringing it up with all other condo owners first see if they are willing to pay

[Delight]

^

the op states condo ,obviously the developer crams as much as he can it the smallest space possible.

Op better of bringing it up with all other condo owners first see if they are willing to pay

Glad to see that u read that I was referring to condo and not an house.

I am confused with the first see if they are willing to pay comment

I've only requested info. on planning regulations . Where did the 'money' come into the conversation ?

[dave111223]

I've only requested info. on planning regulations . Where did the 'money' come into the conversation ?

Everything costs money; enforcing the regulations will cost money, erecting your own wall will cost money, tiding up their wall will cost money; unless you plan to pay this all out of your own pocket, you'll need committee approval.

[TommoPhysicist]

Tall bamboo hedge, grows very quickly.

[harrry]

If it is on common property you cannot do anything wityhout the committee OK.

[Delight]

I've only requested info. on planning regulations . Where did the 'money' come into the conversation ?

Everything costs money; enforcing the regulations will cost money, erecting your own wall will cost money, tiding up their wall will cost money; unless you plan to pay this all out of your own pocket, you'll need committee approval.

Agreed -but I only asked for info.on planning regs.

[taninthai]

Alot of time when they erect the galvanised sheet fences it is for when they are going to commence building work,perhaps landowner is going to build.

At the of the day a thai person is entitled to do what they like on their land,and no fearing is gonna stop them.

[Delight]

Alot of time when they erect the galvanised sheet fences it is for when they are going to commence building work,perhaps landowner is going to build.

At the of the day a thai person is entitled to do what they like on their land,and no fearing is gonna stop them.

The land owner has built the fence on 3 sides only . That side which borders with Soi adjacent to the far side of his land is un -fenced.( the general layout is -Condo -Condo pool-His land -Soi)

In my view he is using standard Thai negotiating tactics -i.e. they apply pain -then offer to remove the pain in exchange for what they want.

I figure he wants to lease the land to us -on his terms .We are happy to lease the land -but not on his terms.

I think the condo needs countering tactics i.e stuff your lease agreement offer -we will be building our own fence. For that we need space between the Condo Pool and his land . Space is very tight. There is maybe 1.5M between the border line and the 'long' side' of the condo pool .He has decided that the actual border line is his to use.

I would prefer to a tall beautiful natural fence to separate 'Him 'from 'Us'. Not a slightly more beautiful galvanized steel fence

Hence my request for planning info.

Edited December 7, 2012 by Delight

[Nisa]

What is stopping you from building the fence/wall you originally intended or some version of it that would obscure the ugly fence put up by your neighbor?

[Nisa]

If you want a cheap and fast solution to let your neighbor know his negotiating tactic will not work then just stick up some trellis or even just a few poles with wire and plant some and plant some nice looking and fast growing vines to create a natural barrier.

[taninthai]

Are you the actual owner of all the condos then ie the developer,it sure sounds like it the way you are talking, perhaps the land owner isn't happy that they built condos and put a swimming pool so close to his land so he decided to put fence up.

I think there may be alot more to this story than you are telling us as you already mentioned he is not approachable to have reasonable negotiations with.

Who is gonna pay to lease this land from him you telling me everyone in the condo blocks would pay to have extra communal land ,can't see that happening anywhere.

P.s you day his fence is on the boundary where else would you want him to put it,maybe 20 meters in from the boundary hence giving you extra 20meters of his land again never gonna happen

Edited December 7, 2012 by taninthai

[dave111223]

In my view he is using standard Thai negotiating tactics -i.e. they apply pain -then offer to remove the pain in exchange for what they want.

I figure he wants to lease the land to us -on his terms .We are happy to lease the land -but not on his terms.

Doesn't sound likely. He should know such tactics would be pointless against a Condo, as no one there has the authority to lease his land, it would require majority approval at a general meeting vote, and there would quite probably be enough people that thought the money would be better spent elsewhere, that the vote wouldn't pass.

We are happy to lease the land -but not on his terms.

Who's "we", you have already discussed the issue at a general meeting?

Seems to me that you are angling for some kind of government intervention, where they show and say "remove your ugly fence"...this just aint gonna happen.

At best you spend months lobby people at the land department and paying bribes, finally an officer shows and tell the guy to move the fence...he'll probably ignore this the first 2 or 3 times (more bribes and lobbying required)...eventually he will move his fence over 6inches (assuming that it's even over the boundry line)...and then what?

Also seems pretty odd that your condo is not walled off anyways? Never been to a condo where the pool just kind sat out next to a neighboring field? Just bring the topic of building a wall on your side to the next meeting.

Edited December 7, 2012 by dave111223

[isawasnake]

Why do I sense there is another side to this story?

[taninthai]

Got to agree with the last paragraph above ,who builds a condo block puts a swimming pool in 1 meter from someone elses land and doesn't wall it in.

[harrry]

May be he will have to remove the swimming pool as I understand that excavations such as that must be 2 metres or more inside the boundery line.

[Delight]

Thanks for your replies

Perhaps I need to explain my motives.

I am a co -owner not a developer.The condo pool is as it is in relation to the adjacent land. When the condos were sold every purchaser was advised that the land was part of the condo -It was a beautiful mini -golf course originally.The purchasers were naive.To be fair the golf course did feature in his advertising.

It transpires that the land was leased by the developer, being part of a larger piece of land . The land not used for the golf course had another commercial development on it -organized by the same developer. That development has been abandoned -so no monies paid to the land owner. The land total has reverted back to the land owner.The Developer is now out of business

My role in all this is to offer the committee ideas and information such that it can be resolved in a satisfactory way. The developer was paying big money for the lease .

The land owner will assume that he can expect a similar deal from the committee. Impossible -I know the details of the original lease -and condo's available money for leasing. They are along way apart

This 3 sided fence ,in my view ,is his idea of 'softening them up'. 4 sides makes otherwise commercial sense -3 sides does not -except to give the co -owners some discomfort.

Ideally we want along term lease -say 15 years -at a price that can be afforded

The motive behind my post to see if I can obtain some countering ammunition.

Edited December 7, 2012 by Delight

[LivinLOS]

Put up your own wall, inside your own land.. End of issue..

If your idea is an attempt to make a Thai substantially re-evaluate the value of land they own, I suspect your in for a tough time. Thais and the value of things they own (cars, land, anything) is highly emotive it would seem. Its also pretty random, seen plots selling for 2 or 3 times as much as the plot next door, for no reason other than thats what the seller demands, little sense of a market value.

[Delight]

Put up your own wall, inside your own land.. End of issue..

If your idea is an attempt to make a Thai substantially re-evaluate the value of land they own, I suspect your in for a tough time. Thais and the value of things they own (cars, land, anything) is highly emotive it would seem. Its also pretty random, seen plots selling for 2 or 3 times as much as the plot next door, for no reason other than thats what the seller demands, little sense of a market value.

I agree with most of what you say.

However, If someone buys a plot at 2 to 3 times the price of the plot next door –then that is the current market value.

The company that owns the land in question are, to my knowledge, very rich.

Screwing a high price out of Farang is good for their prestige.

For certain if he wishes to lease (for say 15 years) then we are is only potential customer.

Erecting a barrier is an obvious option. At this stage I regard that as giving in.

The fact remains that we do wish to lease –just not at his price. It is simply financially impossible for us.

I suspect that our next move is to send an unsolicited offer.