Fence stipulations in title deeds

  • Filter
  • Time
  • Show
Clear All
new posts

    Fence stipulations in title deeds


    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!

    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.


      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


        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


        Latest Activity


        • Purchase of freehold
          by Drewcole
          Hi All,

          I own a 2 bed ground floor flat in a converted Victorian house (2 flats in total) that i have a long lease of 167yrs. I currently pay a ground rent of £160, a service charge of £400 and a insurance premium of £800!

          I have spoken to the owner of the flat above and...
          10-08-2020, 15:16 PM
        • Reply to Purchase of freehold
          by Drewcole
          Hi, I thought it was a little high considering its two flat with a tiny hallway shared that hasn't been maintained since I've owned.

          I guess I can only try, if I do nothing then I'm letting them get away with over charging on the insurance. £1500 for insurance for the two flats seems...
          11-08-2020, 11:40 AM
        • Buying house with sitting tenant
          by carolem
          Residential house for sale with tenant holding over. AST for 6 months granted by letting agents of current owner in November 2019. Since it expired tenant been holding over and paying rent etc. As a potential purchaser who wants to buy it as investment with tenant in situ are there any issues for me...
          07-08-2020, 13:20 PM
        • Reply to Buying house with sitting tenant
          by Gordon999
          Yes, you should arrange for new AST rental agreement because the last one is in the previous owner's name and no longer valid. You have no legal right to hold the tenants deposit without AST agreement. .
          11-08-2020, 10:37 AM
        • Reply to Purchase of freehold
          by Gordon999
          If you find alternative companies are quoting much lower insurance premium, you can ask the current broker to declare how much commission has been paid and then you consider making application to FTT for judgement on the reasonable cost of the buildings insurance. ,

          I think your current...
          11-08-2020, 09:17 AM
        • Reply to Purchase of freehold
          by Drewcole
          Thanks for the replies, so I've had a quick look online to. See how long the lease is on the other flat, she seems to have about 63yrs remaining so the cost to try a purchase the freehold myself is a no go.

          I will write and request the insurance info and try and go down that route. Is there...
          11-08-2020, 07:12 AM
        • Reply to Purchase of freehold
          by Gordon999
          It requires both flats in a building with 2 flats ) to participate in compulsory freehold purchase. See last sentence in section 2 in the free guide.


          If the buildings insurance is £800 per flat, you are probably...
          10-08-2020, 18:00 PM
        • Reply to Purchase of freehold
          by Anna1985
          I would check how long is downstairs lease.
          and then would run the estimated costs freehold on lease calculator.
          And go from there.
          10-08-2020, 17:52 PM
        • Documentation for renovations on share of freehold flat
          by Basecamp
          We are a first floor flat, share of freehold with the ground floor flat. We both have a 999 year lease. In 2014 we did a loft conversion. We had a party wall agreement with the other share of freeholder flat, planning permission and it has all been signed off by building control. However, should we...
          06-08-2020, 10:45 AM
        • Reply to Documentation for renovations on share of freehold flat
          by Basecamp
          Thank you for your responses. We will consult w lawyer to have the Deed updated with the new floor plan....
          08-08-2020, 09:16 AM