Open plan on deeds..... fence erecting?

[blueg33]

mikyman said:

The majority of developers 'pass on 'all rights and restrictions to the original purchaser and then each subsequent purchaser.Any one who has purchased property would have had to sign receipt and understanding of, the terms of the deeds.I know its a small point but has your solicitor obtained a copy of neighbours deeds? Usually on developments they are mirror image of yours.However indicating in the letter he is writing that the neighbour is aware of,signed for, and susequently disregarded the terms, makes it more 'water tight'.

My guess is that the open plan bit, is a positive covenant and those do not flow to successors in title unless specifically recreated as a new covenant on each transfer

[Steve Campbell]

M12MTR said:

Very true Sterillium........ so I either (potentially waste) £000's on legal fees with zero guarantee of success.

Or.

I put up my own higher fence - 2m running the full length of MY side of my drive - to obstruct his view which he clearly enjoys "watching me" - plus I will build 1.8m high doors to close off my driveway - adjacent with the front of my brickwork. When these doors open outward they will also obstruct the view. I will now spend the money on this rather than a fruitless legal battle. I will also widen my drive to allow me to 'play cars' on my drive. Tbh I have been thinking these plans for a good while now. So my neighbour has made my mind up. ;-)

JCW Pro exhaust ordered and paid for today lol. (True).

Or the third option which is get on with your life, thanking the neighbour for making a pretty good job of a small fence to the front of his property and freely gravelling your 8" of drive to match the rest of your property. I've read the thread start to finish....and whilst I would have been annoyed at the approach the old git has taken...it actually looks OK from the photo you have posted. Life's too short...move on (but do sort out the back garden fence).

If you get into a tit-for-tat battle, he wins...you will lose in the long run as it will suck all your energy and fun out of life. It will become all you talk about...and ultimately, you'll end up like him.

On the other hand, please keep us updated with your monstrosity of a fence if you decide to build it.

[mikyman]

Further to blueg33's post I was giving an opinion based on the advice I received from my solicitor as part of proposed court action against my neighbour.
I quote:
Under a conveyance dated 7th June 1996 there is a restrictive covenant which prevents you from erecting a fence.The covenant runs in equity to our clients benefit as it touches and concerns his land and is intended to run with the land under section 78 of the Law of Property Act 1925.
Covenants run with the land and do not need to be rewritten at each sale.
Im sure that OP's solicitor,now that he has consulted one, will be able to advise a course of action based on this Act.

[blueg33]

mikyman said:

Further to blueg33's post I was giving an opinion based on the advice I received from my solicitor as part of proposed court action against my neighbour.
I quote:
Under a conveyance dated 7th June 1996 there is a restrictive covenant which prevents you from erecting a fence.The covenant runs in equity to our clients benefit as it touches and concerns his land and is intended to run with the land under section 78 of the Law of Property Act 1925.
Covenants run with the land and do not need to be rewritten at each sale.
Im sure that OP's solicitor,now that he has consulted one, will be able to advise a course of action based on this Act.

That is NOT the case with all covenants, positive covenants are personal to the original transferee. The only way to make a positive covenant bind successors in title is to re-write it either at each transfer.

Restrictive covenants do pass to successors in title, but in many cases especially when its through plot sales the original beneficiary is lost and the covenant can become unenforceable.

[dickymint]

dickymint said:

As regards the new fence I think OP may well be on sticky ground there even. My interpretation of the law is that the neighbour is perfectly within his rights to dig and put footings under OP’s ground? Albeit notice should be given first?

Sorry to bump my own post but would welcome thoughts on this.

[stewjohnst]

dickymint said:

Sorry to bump my own post but would welcome thoughts on this.

I think it’s largely an academic point given how this thread has gone.

We could equally discuss whether the law would frown on OP clambering over the new fence to hammer sausages in the lawn or not...

Nothing will happen.

[PositronicRay]

M12MTR said:

Thread resurrection.....
Phase 1 done - built an extension to 2m high fence ....... on my side of the boundary..... to enable gates to be fitted (on phase 2) .......

https://www.instagram.com/p/Bl5xkpMBS9M/

a) It looks a bit crap
b) Not far enough down the drive to irritate anyone
c) Quite like the fence neighbour has

[anonymous-user]

Getting quite pathetic now, no wonder he wanted to build a fence between you two.

[Mgd_uk]

M12MTR said:

Thread resurrection.....
Phase 1 done - built an extension to 2m high fence ....... on my side of the boundary..... to enable gates to be fitted (on phase 2) .......

https://www.instagram.com/p/Bl5xkpMBS9M/

Brilliant! Love it!

[blueg33]

M12MTR said:

a) I needed to built a side section to allow gates to be mounted. Your are entitled to your opinion. This is our family home of which we have invested time and money.

b) No need to go full length on my driveway as it will be hidden/ gated in - and don't want to encroach on my available space on my driveway width.

c) I didn't like looking at his structures. My mate who is a QS said he had devalued my property as it looks a mess: unpainted / guts / skeleton framework on my side - which goes against building 'etiquette '.

His passive-aggressive approach is quite bullying.

I appreciate your thoughts but these are mine.

A QS knows about as much about property valuation as the district nurse. A Valuer surveyor and a quantity surveyor are not the same thing at all. That low fence makes no difference to the value of your property.

An ongoing dispute with your neighbour would devalue it more

Edited by blueg33 on Wednesday 1st August 08:31

[PositronicRay]

M12MTR said:

a) I needed to built a side section to allow gates to be mounted. Your are entitled to your opinion. This is our family home of which we have invested time and money.

b) No need to go full length on my driveway as it will be hidden/ gated in - and don't want to encroach on my available space on my driveway width.

c) I didn't like looking at his structures. My mate who is a QS said he had devalued my property as it looks a mess: unpainted / guts / skeleton framework on my side - which goes against building 'etiquette '.

His passive-aggressive approach is quite bullying.

I appreciate your thoughts but these are mine.

Oh I thought it was some sort of revenge thing. If you just don't like the look of the fence why not plant some dwarf bushes in the gravel. Keep them neat and they'd look quite attractive.

[mikeveal]

M12MTR said:

Thread resurrection.....
Phase 1 done - built an extension to 2m high fence ....... on my side of the boundary..... to enable gates to be fitted (on phase 2) .......

https://www.instagram.com/p/Bl5xkpMBS9M/

So when your neighbour builds a fence that you don't want, that get's in your way and is where (despite being repeatedly told you're wrong) you believe it's illegal to do so, your solution is to make that fence bigger?

Jolly well done Sir! I can see how you've really taught your neighbour that you are not to be trifled with.

[Dan_M5]

I quite like that little fence. Decent workmanship on it.

If anything i would say it improves the look.

[dickymint]

M12MTR said:

Thread resurrection.....
Phase 1 done - built an extension to 2m high fence ....... on my side of the boundary..... to enable gates to be fitted (on phase 2) .......

https://www.instagram.com/p/Bl5xkpMBS9M/

Hope youv’ve not fixed it into neighbors fence

[Andrew_S]

M12MTR said:

...My mate who is a QS said he had devalued my property as it looks a mess: unpainted / guts / skeleton framework on my side - which goes against building etiquette...

Your QS mate is wrong. Your neighbour is fully entitled to erect his fence so the ugly side is in your direction.

[anonymous-user]

Andrew_S said:

Your QS mate is wrong. Your neighbour is fully entitled to erect his fence so the ugly side is in your direction.

Quite. If I was paying for a fence to be erected off my own back why then why would I want the st side?

[dickymint]

eezeh said:

Andrew_S said:

Your QS mate is wrong. Your neighbour is fully entitled to erect his fence so the ugly side is in your direction.

Quite. If I was paying for a fence to be erected off my own back why then why would I want the st side?

In fairness OP used the word “etiquette” not mandatory.

[Welshbeef]

M12MTR said:

Nope. No reason at all. I'm just supposed to sit back and take it?

Don't think so. But thanks for your thoughts.

Have you spoken to him?

[PositronicRay]

M12MTR said:

. His missus started calling me names (again).

Intrigued...……..

[Welshbeef]

M12MTR said:

I didn't approach him no. (Nor did he speak to me about him deciding to rip down my rear fence and then half erect a new one which "looks ok from my side". He never uttered a word when he built the driveway fence to "stop me" or the smaller fence at the front.

But whilst I was digging the first hole for a post he came over and spoke to me (without his 'solicitor') and suggested I was digging on his land.

I'm not. I was courteous but asked him not to tell me what I could or couldn't do on my property.

Pot kettle black. Hypocritical. I get the feeling my work has gained his disapproval. His missus started calling me names (again). I just ignored them and got on.

Was he smirking at you when he saw you rise to his comment?

Doing gardening usually involves a beer I’d have said Mate have a cold one with me - see where it leads to. He might have told you to fk off you or hey olive branch what’s it going to hurt.


Anyway good luck