Open plan on deeds..... fence erecting?
Discussion
Unless there is an article 4 direction then planning depts cannot stop permitted development (unless it was revoked in the specific permission for his house which is doubtful)
As such you can have upto a 2m fence not fronting the house, so from side of house to the rear, and upto 1m from that point down to the road without planning permission.
Whats is in the deeds is meaningless and put in place by the developer to stop people exercising there permitted development rights whilst the development is being built and sold, once they have shifted the last of the houses the developer will not want to know about enforcing any restrictive covenants.
It seems he knows exactly what he can and cannot do. I have done the same as him in the past to be honest on a similar Barratt estate as I wanted to make full use of my land at the time. Although it did not affect the neighbours at all, some still choose to moan even though they were a few plots away!
As such you can have upto a 2m fence not fronting the house, so from side of house to the rear, and upto 1m from that point down to the road without planning permission.
Whats is in the deeds is meaningless and put in place by the developer to stop people exercising there permitted development rights whilst the development is being built and sold, once they have shifted the last of the houses the developer will not want to know about enforcing any restrictive covenants.
It seems he knows exactly what he can and cannot do. I have done the same as him in the past to be honest on a similar Barratt estate as I wanted to make full use of my land at the time. Although it did not affect the neighbours at all, some still choose to moan even though they were a few plots away!
Edited by PAUL500 on Saturday 21st April 12:15
Looks like he's fenced off his side return, appears a neat enough job, somewhere to keep bins.
That concrete edging doesn't look suitable to support a fence, maybe a dwarf wall or something. If you're keeping to your side of the boundary I can't see how if effects you.
That concrete edging doesn't look suitable to support a fence, maybe a dwarf wall or something. If you're keeping to your side of the boundary I can't see how if effects you.
Edited by PositronicRay on Saturday 21st April 13:15
M12MTR said:
Or can he basically Rob my house and drive of light as long as 2m or under? This seems unlawful.
I totally see your point, but it wouldn't stop you using your drive, but instead stop passengers exiting by opening the car door over his land. I'll bet there have been occasions when (harmlessly) your passenger(s) have stepped on his lawn. No big deal to most people but perhaps he feels differently.I presume you could widen your driveway?
The devil in me wonders if there is room to park your car on the road outside his house?
Who is the covenant in favour of?
If it's in favour of the owners of you house then you can do something about it.
If it's in favour of the original developers or even someone else then you will have to persuade them to enforce.
Sounds like a total
. If he's done anything to your property at all then call the police. It's criminal damage.
If it's in favour of the owners of you house then you can do something about it.
If it's in favour of the original developers or even someone else then you will have to persuade them to enforce.
Sounds like a total
. If he's done anything to your property at all then call the police. It's criminal damage.M12MTR said:
When he tore down the first fence - 2 years ago - the rear fence that separated our properties he erected the new half fence wholly on my side - plus the post was drilled to my garage with x4 large masonry screws into my garage brickwork.
This is criminal damage.
I will check the wording on the deeds Monday - but my conveyancing solicitor was firm: NO fence at all dividing front boundary lines!
I'll try to find an image of how he left it.
The covenant my be firm but if it can only be actioned by someone else then there isn't a lot you can do.This is criminal damage.
I will check the wording on the deeds Monday - but my conveyancing solicitor was firm: NO fence at all dividing front boundary lines!
I'll try to find an image of how he left it.
Why did you let him use your garage?
M12MTR said:
Yes.
That suggests you are allowing it to happen, then.These sorts of situation are a nightmare.
There is not much you can do to stop people from doing stuff on their own property but there's no way you should have allowed him to do what he did.
You really need to check the covenant asap.
M12MTR said:
Linky no worky.M12MTR said:
This is the fence he erected last year "to stop me using my drive"
You sure it's not more to stop you using his drive?M12MTR said:
Honestly no one has ever stepped on his lawn. Ever.
I parked like that today because o got both young boys out of my driver door from the back.
And over the years if I park more on my side on the drive I open the passenger door to lift my young son from his car seat.
Never stood on his lawn ever. That's not his reasoning.
Fair enough then.I parked like that today because o got both young boys out of my driver door from the back.
And over the years if I park more on my side on the drive I open the passenger door to lift my young son from his car seat.
Never stood on his lawn ever. That's not his reasoning.
Unless the covenant is specifically in your favour I don't think there is going to be a lot you can do.
Just do not under any circumstance allow him to encroach.
M12MTR said:
Thanks Desolate. I wont. I'm measuring the distance from my garage brickwork to my drive. This is my property.
I'm thinking tomorrow to place string on sticks to line up my property on this soil trench he's dug. (as I'm thinking he's going to erect this new fence on Monday when I'm at work). I could be wrong though.
Has he dug up my turf also????? Without my permission.
If the turf that he has dug up is definitely yours, park a car on it. He won't be able to build anything then.I'm thinking tomorrow to place string on sticks to line up my property on this soil trench he's dug. (as I'm thinking he's going to erect this new fence on Monday when I'm at work). I could be wrong though.
Has he dug up my turf also????? Without my permission.
Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff