Title deeds and covenant query

Title deeds and covenant query

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condor

Original Poster:

8,837 posts

249 months

Monday 5th June 2017
quotequote all
Back from a week away and my neighbours have put up a high fence along the driveway and attached to the end of my house ( very ugly side towards me). They've damaged my tarmac driveway where the cement for the fence posts have gone in too. I own my property and the neighbours are tenants.
Last year I was threatened by these neighbours when I complained about their new exterior light being too bright and called the police on 101 to report the incident.
I mentioned to my neighbour on other side that I was going to write to the landlord and complain that they've attached the fence to my property. They also removed most of the edging stones that the original developers used to mark the boundary when they put the fence up.

Very angry neighbour bangs on my door to shout and swear at me as other neighbour had presumably told her I wasn't happy and going to complain.. I calmly state that they didn't mention to me about erecting a fence and it's on my property and they've damaged my driveway.
I will be writing to the landlord to complain. Then torrents of swearing abuse and threats to kill me, I ring 101 to report this as I think the woman has mental health issues so could actually kill me.

In the deeds it states ;-

Not alter or make additions to the buildings erected upon the land hereby transferred or erect any further buildings outbuildings structures or boundary walls or fences or construct any further access ways without the consent in writing of the Transferor.

Not do or keep or suffer to be done or kept upon the land hereby transferred or any part thereof any act or thing which may be or become a nuisance or annoyance or cause inconvenience to the Transferor or to the owners or occupiers of adjoining or neighbouring property or which may tend to lessen or depreciate the value of the land or any part thereof or the property in the neighbourhood.

When someone flouts these covenants what come back is there? Anyone know?

Equus

16,943 posts

102 months

Monday 5th June 2017
quotequote all
condor said:
When someone flouts these covenants what come back is there? Anyone know?
This comes up so frequently that we really ought to make it a sticky: short answer is that restrictive covenants have to be in favour of someone, and can only be enforced by that person (or organisation) or their successors in title.

condor

Original Poster:

8,837 posts

249 months

Monday 5th June 2017
quotequote all
Thanks for replying. Where would be my first and second port of call to get this actioned?
Presumably the first is the landlord, which I'm having difficulty tracking down.

Equus

16,943 posts

102 months

Monday 5th June 2017
quotequote all
condor said:
Thanks for replying. Where would be my first and second port of call to get this actioned?
First port of call: talk to your solicitor.

Second port of call: talk to a party wall surveyor; it sounds as though the damage to your property could fall under teh scope of the Party Wall Act/

But bear in mind that you'll be spending hundreds (possibly thousands) of pounds and a lot of time pursuing what's basically a petty spat with a neighbour, and the end result is likely to achieve nothing beyond antagonising your neighbour further,

condor

Original Poster:

8,837 posts

249 months

Monday 5th June 2017
quotequote all
That doesn't sound too good.
It's giving carte-blanche to anyone to damage and fence off part of your land and say tough...go to the courts to get it back.




Hitch

6,107 posts

195 months

Tuesday 6th June 2017
quotequote all
I would wait until they are out and remove said fence from my land and wall. If I were afraid of intimidation I would pay a less concerned local handy man with a bit of a reputation to do it whilst I was also out.

Could you not then claim from your insurance for the damage to your property with the aim that they then claim from the other parties landlord who ultimately gets sick of them as tenants and moves them on.

As someone has said you could spend thousands chasing the spat through bureaucracy.

Hitch

6,107 posts

195 months

Tuesday 6th June 2017
quotequote all
p.s. we need pics for you to get full angst empathy!