FENCE ERECTED IN OPEN SPACE AREA
Discussion
Hi Folks
My neighbour has erected a fence at the front between our properties.
My property deeds clearly state:
Not substantially to alter the landscaping of the property hereby conveyed in front of the building line nor to erect any buildings, fences, hedges or posts.
Surprisingly, someone from the local council has come to check the fence, and said it was ok.
Do you think that is the end of the matter or can / should I take it further according to what has been quoted in the property deeds?
Thanks for your responses.
My neighbour has erected a fence at the front between our properties.
My property deeds clearly state:
Not substantially to alter the landscaping of the property hereby conveyed in front of the building line nor to erect any buildings, fences, hedges or posts.
Surprisingly, someone from the local council has come to check the fence, and said it was ok.
Do you think that is the end of the matter or can / should I take it further according to what has been quoted in the property deeds?
Thanks for your responses.
The council checked the legitimacy of the fence against planning standards - as long as it wasn’t too high, end of their interest in the matter.
You probably have a covenant in your deeds to cover this. Only the named beneficiary of the covenant can pursue the breach - not necessarily you. You need to check your deeds, identify the names beneficiary, and approach them to seek them to enforce it. Chances are, unless you are on a part-built estate with units still to be sold (and the developer still around), that you won’t be able to find them, or they’ll have no interest in enforcing it.
So you’re probably stuck with the fence I’m afraid.
You probably have a covenant in your deeds to cover this. Only the named beneficiary of the covenant can pursue the breach - not necessarily you. You need to check your deeds, identify the names beneficiary, and approach them to seek them to enforce it. Chances are, unless you are on a part-built estate with units still to be sold (and the developer still around), that you won’t be able to find them, or they’ll have no interest in enforcing it.
So you’re probably stuck with the fence I’m afraid.
RotorRambler said:
Sounds like covenants in the deeds, of no concern to the council…
The houses in my road, 1970s, covenants in the deeds say no front fences / extensions / caravans on the drive.
Every house has one or more of the above!
Probably only to keep it nice when the houses were being sold.
Exactly the same at my previous house. I needed to put a low fence in to stop the local kids from riding across 2 gardens and down the side of my car (unusual layout, car was parked at 90 degrees to the house). Spoke to the local authority, they advised it was a covenant, not a planning issue, and that whilst technically that could be enforced, it was almost certainly only due to the developer wanting things looking "open" when the houses were new. That, and the fact that multiple other people had done likewise. Never heard from anyone again. Wonder if it's still there!The houses in my road, 1970s, covenants in the deeds say no front fences / extensions / caravans on the drive.
Every house has one or more of the above!
Probably only to keep it nice when the houses were being sold.
Covenants in Deeds in my opinion are a waste of time unless its leasehold (and they can pay the legal fees) otherwise to enforce them you could get into expensive fees even if you are in the right . Decent neighbours will abide by them but no one wants to enforce them (builders,planners,police)
The Three D Mucketeer said:
Covenants in Deeds in my opinion are a waste of time unless its leasehold (and they can pay the legal fees) otherwise to enforce them you could get into expensive fees even if you are in the right . Decent neighbours will abide by them but no one wants to enforce them (builders,planners,police)
As stated the police and planners have no enforcement powers and once the builders have sold the estate they have no interest in doing so.Alex@POD said:
Why does it bother you?
Probably because it spoils the look of their house / surrounding area. High fences at the front of a house can look crap.Next door to my parents knocked down a very nice 4ft brick wall which separated the semi detached houses and replaced it with a 6ft wooden fence. It looked really odd and cheap.
They sold their house a year later. I still pass the house and see how crap it looks.
-Cappo- said:
RotorRambler said:
Sounds like covenants in the deeds, of no concern to the council…
The houses in my road, 1970s, covenants in the deeds say no front fences / extensions / caravans on the drive.
Every house has one or more of the above!
Probably only to keep it nice when the houses were being sold.
Exactly the same at my previous house. I needed to put a low fence in to stop the local kids from riding across 2 gardens and down the side of my car (unusual layout, car was parked at 90 degrees to the house). Spoke to the local authority, they advised it was a covenant, not a planning issue, and that whilst technically that could be enforced, it was almost certainly only due to the developer wanting things looking "open" when the houses were new. That, and the fact that multiple other people had done likewise. Never heard from anyone again. Wonder if it's still there!The houses in my road, 1970s, covenants in the deeds say no front fences / extensions / caravans on the drive.
Every house has one or more of the above!
Probably only to keep it nice when the houses were being sold.
zalrak said:
Maybe the other neighbour now has put up a fence. Hi Folks
Many thanks for your responses.
I would like to apologize for not been on here for a while.
There was a death in the family and I had to make all the funeral arrangements. On top on that, my wife and I had to go to India to scatter the ashes and meet other relatives etc.
Regarding the fence, my wife finds it difficult to reverse out of our drive and our car has now got a few scratches due to the concrete posts that the neighbours have put up.
Would it be worth our while to get a petition signed from our street (there's less than 20 properties) to give it to the council saying we are having issues and the fence spoils the landscape of the area? On top of that, the area is meant to be open space as written in the deeds.
Would that be enough to put pressure on my neighbour to remove the fence?
Thanks in advance for your responses.
Many thanks for your responses.
I would like to apologize for not been on here for a while.
There was a death in the family and I had to make all the funeral arrangements. On top on that, my wife and I had to go to India to scatter the ashes and meet other relatives etc.
Regarding the fence, my wife finds it difficult to reverse out of our drive and our car has now got a few scratches due to the concrete posts that the neighbours have put up.
Would it be worth our while to get a petition signed from our street (there's less than 20 properties) to give it to the council saying we are having issues and the fence spoils the landscape of the area? On top of that, the area is meant to be open space as written in the deeds.
Would that be enough to put pressure on my neighbour to remove the fence?
Thanks in advance for your responses.
geek84 said:
Do you think that is the end of the matter or can / should I take it further according to what has been quoted in the property deeds?
geek84 said:
difficult to reverse out of our drive and our car has now got a few scratches due to the concrete posts that the neighbours have put up.
To get advice more information is needed.Please post the following
- Land registry title deeds map and restrictions for your property
- Land registry title deeds map and restrictions for your neighbour's property
- Pictures of the frontage and access to the properties and any historical pictures available
- Close up google maps image of the location
Redact the personal and address details
You can download title deeds from https://search-property-information.service.gov.uk... and don't use other sites as they a scams which charge more for the same service.
A boundary dispute could cost you £KKK to resolve so paying £14 to view the title dees and restrictions could be a very good start.
geek84 said:
Hi Folks
Many thanks for your responses.
I would like to apologize for not been on here for a while.
There was a death in the family and I had to make all the funeral arrangements. On top on that, my wife and I had to go to India to scatter the ashes and meet other relatives etc.
Regarding the fence, my wife finds it difficult to reverse out of our drive and our car has now got a few scratches due to the concrete posts that the neighbours have put up.
Would it be worth our while to get a petition signed from our street (there's less than 20 properties) to give it to the council saying we are having issues and the fence spoils the landscape of the area? On top of that, the area is meant to be open space as written in the deeds.
Would that be enough to put pressure on my neighbour to remove the fence?
Thanks in advance for your responses.
You could just give your wife some lessons in reversing Many thanks for your responses.
I would like to apologize for not been on here for a while.
There was a death in the family and I had to make all the funeral arrangements. On top on that, my wife and I had to go to India to scatter the ashes and meet other relatives etc.
Regarding the fence, my wife finds it difficult to reverse out of our drive and our car has now got a few scratches due to the concrete posts that the neighbours have put up.
Would it be worth our while to get a petition signed from our street (there's less than 20 properties) to give it to the council saying we are having issues and the fence spoils the landscape of the area? On top of that, the area is meant to be open space as written in the deeds.
Would that be enough to put pressure on my neighbour to remove the fence?
Thanks in advance for your responses.
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