Front garden boundary (fence/hedging)

Front garden boundary (fence/hedging)

Postby JesseMach » Wed May 24, 2017 7:02 pm

Our front garden has no hedge/fence down the side boundary between ourselves and the neighbours. The neighbours' kids on one side tend to run across our drive at times and occasionally leave their bikes behind my car (I'm concerned about backing over a bike or even worse a child!

I've heard of some developments having open plan regulations in the deeds restricting what you can do I and wanted to check before having a ranch style fence and a few mini conifers installed whether this affects us.

I've dug out the deeds and found the following but I'm not clear on whether this is referring to the boundary that runs adjacent to the street/estate only or the boundaries between neighbours also.

Edit: I've got a screenshot of the deeds but don't have the correct permissions to post links or use IMG tags yet, if anyone knows how can I link to it?
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Re: Front garden boundary (fence/hedging)

Postby mr sheen » Wed May 24, 2017 10:25 pm

Many developments were open-plan in the planning stage. Some remained like that and others changed as they matured and individuals did their own thing and no one did anything about it.

So there is your choice...do what you want and see what happens with worst case scenario the LA seeks enforcement or a neighbour complains or seeks to enforce a restrictive covenant....however both of these are costly and risky and depend on the current character of the development ie what other people have done.

You need a contingency plan for any action that you may face....but often there are lots of grumbles and whingeing but no action.
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Re: Front garden boundary (fence/hedging)

Postby JesseMach » Fri May 26, 2017 12:01 pm

Thanks for the quick response.

I have noticed that several residents have grown well established hedging on the side boundaries. I just wasn't sure if the deeds referred to not building a fence/hedge on the boundary to the street (estate road) or between neighbouring properties.

Here's what it's in the deeds:

6 Not without the consent in writing of the Transferor and the Local Planning Authority first obtained to erect any wall gate fence or other means of enclosure nor to plant any hedge on or adjacent or near to any boundary of the Property with the Estate Road on which the same abuts or on or adjacent or near to any side boundary thereof between the Estate Road and the building Iine for the same as prescribed by the Local Authority but to keep and maintain only as lawns properly cultivated mown and trimmed or as an entrance driveway or paved path (as appropriate) such parts of the Property as lie between. the Estate Road and the said building line for the same.
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Re: Front garden boundary (fence/hedging)

Postby MacadamB53 » Fri May 26, 2017 12:15 pm

Hi JesseMach,

planting a hedge or erecting a fence as described would be a breach of the covenant.

this means that the owner of a benefiting property could take you to court to seek compensation for the loss of benefit.

the likelihood of that happening will depend on the indivual concerned - they'd have to be pretty bloody-minded and have money to waste.

given there is evidence that multiple breaches have already occurred, unless said individual sought compensation in those instances (extremely doubtful) their case would be viewed as exceptionally weak and I cannot imagine the court awarding them a penny as a result (either way, the court is unlikely to order the removal of the breach).

Kind regards, Mac
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Re: Front garden boundary (fence/hedging)

Postby JesseMach » Fri May 26, 2017 2:59 pm

Thanks for the info Mac, based on that I think I'll just go ahead and get it done

It's going to be a smallish ranch fence with a few small slow growing conifers which will be maintained. Hopefully it will pass with no objections.
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Re: Front garden boundary (fence/hedging)

Postby SarahSue » Sat May 27, 2017 10:01 am

JesseMarch
I had a similar issue. There was a restrictive covenant saying no fences or hedges. I had an issue with a neighbour encroaching and it became apparent that I had to do something. I put up a trellis planter just within the boundary and a row of bushes. This has resolved the issue I had. I too sought advice from some of the lovely people on this group. The covenant had already been broken by a couple of neighbours but our issue was so stressful that I figured it was worth taking a chance and putting something in place anyway. The wording on the covenant just said no fences or hedges so really it was down to interpretation. Good luck to you, whatever you decide to do.

Just to add, these restrictive covenants designed to keep an estate open plan may seem like a good idea to the planners but they cause huge issues to people. In an ideal world, people would respect the land in front of each other's houses and not encroach but so many just see it as shared space and that is when the problems start.
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Re: Front garden boundary (fence/hedging)

Postby JesseMach » Tue May 30, 2017 9:30 am

Thanks for the info and reassurance SarahSue. I've contacted somebody in regard to the work being done and it should be going ahead in the next couple of weeks.

I agree completely that in a perfect world I'd have no issue with the idea of open plan lawns but unfortunately the people who are likely to complain the most about a hedge/fence going up are usually the same people who give cause for such action in the first place.
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