Property Deeds

[shiftin_gear98]

Ok here goes Org, a random one for you.
The deeds to my house stipulates that I am not allowed to erect a boundary fence at the front of my property, nor keep chickens...

I'm happy to pass on the latter, however I share a lawn with my neighbour. Who's older kids think it's all theirs. Even coming across onto my drive. Not really a big deal however it is gradually ****ing me off.

I'm thinking of a nice picket fence thing just to highlight the boundary, not a 6 foot panel job.

Anyhow I digressed, the point of the post, you clever bods may know the answer to this.
The deed is worded between two parties, the buyer (now myself), and the builder. The builder however is no longer trading, the company dissolved in 2001. Does the deed still stand as a binding contract if the company no longer exist?


Thanks.

[Heorot]

No. These clauses are usually put in so that you don't spoil the look of the estate while they are still trying to sell houses. If the builder is defunct, who is going to enforce the clause. We have a similar one where we are not supposed to erect a shed. We haven't, but wouldn't hesitate if we decided we wanted one.

[Red ones]

Probably as above.
Have you considered a border, or small hedge?

You could check with the planning authority for restrictive covenants on the plot. Even if there is a restriction it can be worth asking for the definition of a boundary fence, ie if there is a definition of height etc.

We adopted some public highway a few years ago and found some fences are different from other ones.

[andrewsmith]

It does depend upon the wording of the deed, and type. Leasehold I would tread carefully as if there is ground rent payable someone will enforce the lease

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[Bibio]

as far as i'm aware a deed defines your property and any alteration too such will require it to be amended by a solicitor. even if you come to a gentleman's agreement with your neighbour its not a binding contract. councils are very strict about such things. are there any other fences on similar properties around you?

[shiftin_gear98]

Thanks for the answers, sorry should have said. Freehold, apart from the bank manager, no-one to answer too.

[shiftin_gear98]

That's the thing Lance, no there isn't any other fences. A couple have got creative with shrubs.

[Bibio]

no-one to answer too.

apart from the council planning department. its not a lease its a deed and until amended its how it is. for instance if your deed states or lack of a conservatory attached to the property you cant simply erect/demolish one as you will need planning permission and the deed amended unless its like for like. well same goes for boundary walls, gates, structures. unless there is a expiry date written into the deed by the builder then it stands forever until amended even if that builder does not exist any more.

now having said all of that you could ask your neighbour to come to an agreement while your neighbour is still living there but if the council or any other neighbour objects then it will have to come down.

all of this does not stop you from putting planters with conifers in a row or digging a flower bed and putting a raised rockery in.

[littleoldman2]

You may have just answered the question. Some nice maintenance free shrubs with perhaps a couple of rocks.

[andrewsmith]

I would advise the shrub option as that's not defined within the lease

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[Teejayexc]

6' high posts and 6 strands of razor wire!

[punyXpress]

. . . electrified!
Go Zap 'em...

[squirrel_hunter]

I found one of these restriction things in my deeds/ lease. Phoned the solicitors, who told me "ignore it". So I did.

Not really sure how they can enforce these things anyway?

[andrewsmith]

I found one of these restriction things in my deeds/ lease. Phoned the solicitors, who told me "ignore it". So I did.

Not really sure how they can enforce these things anyway?
Property tribunal, but it costs a bloody fortune to deal with

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[squirrel_hunter]

But what would the result of a Property Tribunal be?

For example I'm not allowed to hang washing out to dry on my balcony (I don't but many do (couldn't care less really)) if I did what would happen? I assume I'd get a series of letters from solicitors that I would ignore followed by this Property Tribunal. Assuming they find against me, what happens then? I'm asked not to hang washing out? I continue to ignore this, what then? I can't see myself being jailed for doing laundry...

[Red ones]

A restrictive covenant runs with the land not with the parties signed the deeds. So the restrictive covenant is not held by the builder who has now gone into liquidation but stands for the property that you own.

I suspect it could be argued that the covenant is for the benefit of your neighbours, therefore, if you put a fence up a neighbour could claim against you for any effect it has on their property value. Lands tribunal could award either damages, or a fine equivalent to the value that it has affected the neighbours property.

You could ignore the covenant, or you could go to lands tribunal and request that is removed because it is outdated (unlikely). Or you can grow a hedge.

[andrewsmith]

But what would the result of a Property Tribunal be?

For example I'm not allowed to hang washing out to dry on my balcony (I don't but many do (couldn't care less really)) if I did what would happen? I assume I'd get a series of letters from solicitors that I would ignore followed by this Property Tribunal. Assuming they find against me, what happens then? I'm asked not to hang washing out? I continue to ignore this, what then? I can't see myself being jailed for doing laundry...
Enforcement notice Tbh

From memory it can become an offence if a prohibition notice is issued with the decision

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[Mrs DJ Fridge]

Shrubs would be the less argumentative answer, how British am I with this answer?

[shiftin_gear98]

Thanks for the answers, I knew you guys would be the voice of reason.
Looks like it might be more shrubs, albeit sharp spiky ones that itch when you fall into them. Anyone know where to get gorse bushes in the Essex area?

[Heorot]

If you want something really spiky, you need berberis.

[atassiedevil]

He really needs Rodger the Shrubber.

https://www.youtube.com/watch?v=69iB-xy0u4A