Fence stipulations in title deeds

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    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

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