Fence stipulations in title deeds

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Fence stipulations in title deeds

    Hi,

    we have just inherited the house. Chatting to the neighbours next door, who are tenants they explained the fence between our properties fell down in Feb 2020. They have raised it with their landlord who refused to build a new fence, stating that the fence didnt belong to them.

    Having now looked at the title deeds of the neighbours house, it is stipulated

    "The following are details of the covenants contained in the Conveyance dated 10 October 1896 referred to in the Charges Register:-
    COVENANT by Purchaser to observe perform and comply with all said stipulations STIPULATIONS relating or applicable to the hereditaments secondly above described

    1. FENCES The Purchaser is to maintain good and sufficient fences on
    the North and West sides of the piece of land "

    The fence that has fallen down is the North side of the neighbours property, so the southside of our property.

    I have pointed this out to the landlord, but they got rather abusive, and said they didnt build the fence originally and werent going to build a new one.

    Question, is legal recourse now my next step.. both the tenants and myself want a new fence put up, and the broken parts of the fence that have been left hanging to be taken down.

    BTW, I messaged the council, as the fence that remains up is badly damaged, and reported as a heath and safety issue (young children use the garden), they agreed and sent a letter to the landlord, but the landlord just said it wasn't their fence. When I pointed out to the council, what it states in the landlords title, they just refused to followup with the landlord, and said they had sent 1 letter and that is all they were supposed to do!

    #2
    The problem you face is that a positive covenant to repair and maintain a fence is a private contractual agreement between the two parties named in the original conveyance dated 1896.

    Only a restrictive covenant runs with the land to bind subsequent owners, such as one that says the buyer and subsequent owners cannot do something on the land such as build on it. It has to be a Negative covenant, not to do something.

    The current situation is that no one can compel the current owner of the neighbouring house to erect a new fence.

    If you want to separate your garden from next door's garden you will have to arrange to do that yourself.

    There is definitely no legal redress to the current situation.

    Comment


      #3
      Agree with Pilman.

      For further information see this thread I started on Garden Law: https://www.gardenlaw.co.uk/phpBB2/v...php?f=6&t=1727

      Comment


        #4
        Thanks for the helpful responses! I’ll check the subsequent owners in the deeds to see if something is mentioned there... and I’ll check the garden law link

        Comment

        Latest Activity

        Collapse

        • Change of property layout
          by Anna1985
          Hi, acquiring a freehold and would like to carry out bathroom alteration - replace current cabinet in the bathroom with the door opening into the hall as it was originally.
          it would involve a lease alteration and re-drawing the property plan.

          I take it it would be best to do it along...
          12-07-2020, 10:16 AM
        • Reply to Change of property layout
          by AndrewDod
          Is this a flat? What do you mean by "acquiring a freehold"?
          12-07-2020, 20:43 PM
        • Reply to Change of property layout
          by Anna1985
          A bit difficult to explain, basically next to the bathroom there was an airing cabinet, which was removed and the stud wall was put in the previous door opening. With the cabinet door made to open into the bathroom.

          I want to remove it and re create the original airing cabinet with the...
          12-07-2020, 17:15 PM
        • Reply to Change of property layout
          by pilman
          If you are contemplating an act which would require the door of the bathroom to be re-hung so that it opened outward rather than inwards, that does not seem to require any action at all as per the lease, or the freehold.

          Use of the word "cabinet " is confusing since most "bathroom...
          12-07-2020, 14:12 PM
        • Reply to Incorporating Adjacent Land into Curtilage
          by StuStew
          The land is currently not being used at all. It was used by a local stonemason up until the 1970s or 1980s, and has what I would describe as a semi-derelict (walls OK, roof caved in) stonemason's workshop (about 15 m^2 in size) on it. The workshop is surrounded by grass and overgrown shrubs etc which...
          12-07-2020, 11:12 AM
        • Incorporating Adjacent Land into Curtilage
          by StuStew
          As discussed in a recent thread, I am looking at the possibility of purchasing a very small piece of land (approx. 0.02 acres) adjacent to our property.

          My intention is to incorporate this land into our curtilage. It 'fits naturally' into our existing boundary and is not agricultural land....
          08-07-2020, 20:00 PM
        • Reply to Incorporating Adjacent Land into Curtilage
          by pilman
          Nothing to stop you, but the local planning authority could begin enforcement proceedings claiming that there had been a breach of planning control, which often happens if a neighbour contacts the LPA to complain about the way you have developed the land by changing its use.

          Using any land...
          12-07-2020, 00:05 AM
        • Reply to Incorporating Adjacent Land into Curtilage
          by StuStew
          Many thanks for your help Pilman.

          Out of interest, if permission for a change of use was refused, what is to stop me putting a fence/wall along the edge of the land and using it like a garden, at least in the context of making it look nice and planting flowers, etc? One side of the land...
          11-07-2020, 18:29 PM
        • Make alterations to property and/or Rent it before completion
          by bob369
          Is it possible to make minor alrterations to a property and/or rent it from a vendor, during the Conveyancing process ?

          I am looking to buy a C3 Semi and convert to C4 Small HMO, and secure the C4 PD, before an artkcle 4 is introduced - the date of which may occur towards the end of the...
          09-07-2020, 21:01 PM
        • Reply to Make alterations to property and/or Rent it before completion
          by royw
          It's a risk to both parties before exchange. You can spend money only to find the vendor pulls out.
          11-07-2020, 18:17 PM
        Working...
        X