Fencing Query

House builders visions/restrictions for an estate can be incorporated beyond covenants and be incorporated into planning law, enforcable by the LPA.

When I studied planning, I can recall this being a classic case of developers restricting purchasers' permitted development rights.

Bedgrove Agreement | AVDC

Householders who breach those 'builders rules', suffer the full legal force of the Local Planning Authority's enforcement action.

 

I think so, but I've probably been retired for almost as long as you, because I achieved incredibly early retirement, so I don't know about new agreements being formed, but existing agreements are still being vigorously enforced.

 

Just be aware that disputes between neighbors have to be declared IF either of you ever decide to move. Disputes over boundarys fall into a class of thier own to the extent that some agents won't market properties where boundary disputes are either current or historic. Honestly boundary disputes are extremely damaging if found out about and you have a legal obligation to declare them.

Deeds of covenant are not worth the ink they are written with . Only the developer can enforce them ( they won't) .... They are put in place to keep the development tidy until the last house is sold then no one gives a damn.

Does this fence fall as your fence ? I.E. most houses have responsibility for one side while the other side is the next properties up responsibility.

If the boundary fence is you responsibility technically your nieghbour is completely out of order touching it. But again avoid a boundary dispute.

 

I don't think you got what I meant.....

Just put some beanpoles in your side a couple of inches in front of the fence and stretch netting inbetween them. No need to touch the fence at all. Also, as it's not a permanent fixture you haven't got to worry about the height.

 

I think anything that results in the neighbours thinking the mick is bieng taken might result in plain silly agg....

Just let it lie and see if relations improve then ask nicely if you can modify . Describe what you want to do how you want to do it and why.

Softly softly cachee monkey.

 

Neighbour disputes should be avoided If possible.

My previous property was in a small village, my cottage was over 150 years old.

The cottage was on the market, new neighbours moved in, we tried hard to make them welcome, but the man was an ex Met Policeman, IMO he thought we were all Local Yokels, he accused me of moving the fence thus gaining more land, this was not true.


We had the For-Sale notice up and the neighbour put a sign in his garden stating, “There is a dispute on the boundary” this of course stopped any buyers, I did knock this down many times with a long pole.


It got so bad that when his chickens got in my garden and he was in my garden to recover them I charged up the garden carrying a spade but was stopped by my daughter.


My Solicitor found a small piece of land that the neighbour was using which belong to me……….In the end the ladies of both houses had a chat to resolve the dispute so that we could sell.


Us men won’t back down and it took the females to sort it.

 

Yes, but unless these 'variations' are correspondingly changed at the Land Registry, their successors in title may diligently examine their 'deeds' (Land Registry Certificate) and all these verbal/written/email confirmations/variations/etc. will not be there! And that can be the cause of neighbour disputes.

Across the road from us, a dividing front garden fence collapsed, antagonising the owners of the garden it fell into, making them so angry they kicked it and vigorously pushed it back, breaking the remaining posts and panels in the process.

Then they discovered it was their responsibility, having been constructed by their predecessors in title (and 'stepping into their shoes'), but for some reason became angry that nobody had stopped them smashing up their own property!

 

Check your deeds, talk to them.. I know this ain't easy. Put your own up inside the boundary line if you can't get a mutual agreement from them, failing that bamboo/willow screens are cheap and cheerful. Don't take the concrete out for their posts your making more trouble for yourself and don't put things on their fence, unless you have asked! Like others have said you really don't want a dispute over it. Hope it works out for you.