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Fence erected in open space area

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  • Fence erected in open space area

    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.
    Tags: None

  • #2
    I would prefer to be fenced off from someone who behaves in this way. The council will not care what is in the deeds just that the fence complies with the rules. Have you approached the neighbour about this?

    Comment


    • #3
      I live in a street where there are no walls or fences in the front gardens. Most gardens are a mixture of paving and grass. A few properties have grown hedges between the gardens.
      These days many families have more than one car, meaning that a car parked close to the garden boundary is in full view of front windows - a bit like a car park
      Although fences, walls and hedges are higher maintenance, I still prefer having a defined boundary and obstructed view over cars

      Comment


      • #4
        Isn't the legal question whether your neighbour's land is subject to such a covenant?

        The council will not be interested: it is not a matter for them.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #5
          geek84 As has been said by others covenants are private legal obligations that are not enforced by the council. The council's only interest is whether planning requirements have been complied with. eg that fences in front gardens must not be higher than 1 metre or whatever local rule is.

          So when council officer says OK they only mean 'OK as far as planning rules are concerned'.

          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

          Comment

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