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July 12 2020 6.07pm

Legal Question

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View doi209's Profile doi209 Flag Fighting for the weak and innocent... 07 Jun 20 7.16pm Send a Private Message to doi209 Add doi209 as a friend

A basic question cos I don't want to spend 250 at the solicitor !!

A farmer has a farmhouse surrounded by land. He sells the land and the contract states that the buyer must erect a fence around the farmhouse. The buyer does not do this.
The farmer sells the farmhouse. Nothing is mentioned about the fence.
Does the buyer of the farmhouse have a right to enforce the clause that the buyer of the land must still erect the fence ?

Hopefully an easy answer to a straight forward question.
Tx.

 

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View Laszlo Panaflex's Profile Laszlo Panaflex Flag 07 Jun 20 8.42pm Send a Private Message to Laszlo Panaflex Add Laszlo Panaflex as a friend

This would depend on the wording of the original contract. If the agreement is for the buyer of the land to build a fence around the farmhouse, then it can be enforced, but if the agreement is between the two individuals (farmer and buyer) and not stipulated specifically to the land/buildings, then it's not going to be something too easy to enforce.

My instincts are that it would be enforceable, because the latter's a strange way of doing things and the contract should name the farmhouse as the building to be fenced off. Therefore, the buyer of the land can be forced to build the fence.

If there's been a secondary contract/agreement not to bother with the fence (or the fence was put up and then taken down) then that's something you would need to investigate. If, however, the only paperwork is the contract stating that Johnny LandBuyer has to build a fence around the farm, then you should be fully able to enforce it.

 

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View doi209's Profile doi209 Flag Fighting for the weak and innocent... 08 Jun 20 12.05am Send a Private Message to doi209 Add doi209 as a friend

Originally posted by Laszlo Panaflex

This would depend on the wording of the original contract. If the agreement is for the buyer of the land to build a fence around the farmhouse, then it can be enforced, but if the agreement is between the two individuals (farmer and buyer) and not stipulated specifically to the land/buildings, then it's not going to be something too easy to enforce.

My instincts are that it would be enforceable, because the latter's a strange way of doing things and the contract should name the farmhouse as the building to be fenced off. Therefore, the buyer of the land can be forced to build the fence.

If there's been a secondary contract/agreement not to bother with the fence (or the fence was put up and then taken down) then that's something you would need to investigate. If, however, the only paperwork is the contract stating that Johnny LandBuyer has to build a fence around the farm, then you should be fully able to enforce it.

Tx for the answer.
The fence was stipulated in the contract between the farmer and Johnny Landowner There was no secondary agreement not to erect the fence. No fence was ever erected/taken down. It simply hasn't been done. The buyer of the farmhouse hasn't asked Johnny yet, but I will ( oopps what a giveaway !)


 

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