Fence to built around my flat

Fence to built around my flat

Postby alvino » Mon Jul 13, 2015 9:47 pm

Hi All

I bought my current flat 3 year ago and love the property, but it appears I am going to run into my first ever neighbour dispute. I live in a 2 bedroom ground floor flat, with one flat above me. An issue has come about as he is wanting to build a six foot fence covering his garden with it fixing onto my property which also cross shared access land between us. If he went ahead, it would literally divide my property as it would be in the middle of the flat, I would lose plenty light in my second bedroom and its got to beyond encroachment. He has started to build on the other side and it looks bigger than 6 foot which would also be breaking the lease agreement. This could also de-value the property if I ever wanted to sell in the future or rent it out.

I also understand that he should be seeking permission from the council. I have checked with them and nothing has been submitted so I've e-mailed them tonight. Can anybody give me some advice on where I stand?
alvino
 
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Re: Fence to built around my flat

Postby Collaborate » Mon Jul 13, 2015 10:13 pm

What exactly does your lease say?

He would only need PP if the fence is more than 2m high.

Technically the external wall of the flat is not just yours. It's communal.

What he can or can't do will ultimately be determined by the lease.
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Re: Fence to built around my flat

Postby alvino » Tue Jul 14, 2015 8:13 am

Thanks for the reply. Even though it is goint to conceal the view from my window. It will ultimately divide my property. Think I may need to speak with my solicitor now. Surely there is also the loss of light scenerios. Although if it is communal, it will need permission from both parties. As I understand, I'm responsible for the bottom half of the property and he is for the top including roof.
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Re: Fence to built around my flat

Postby Collaborate » Tue Jul 14, 2015 8:21 am

How will it divide your property? Are you entitled to access the part he wants to enclose?
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Re: Fence to built around my flat

Postby alvino » Tue Jul 14, 2015 9:10 am

Well the fence is going straight down the middle attaching to the ground floor flat. He is putting a gate on it so there will be no access problems.
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Re: Fence to built around my flat

Postby Collaborate » Tue Jul 14, 2015 9:36 am

So, to sum up:

1. You each have the exclusive right to a part of the garden (subject to the other having a right of way to reach their own garden). Your neighbour wants to enclose is part with a 6' fence.
2. There will be a gate in it, so it will not impede your access.
3. We don't know what the lease says about fencing in your plot in this way.
4. You object to the fence being attached to the wall of the building as you say it's your wall.
5. You fear a loss of light and view.

So, I ask again, what does the lease say about putting fences up? You say
if it is communal, it will need permission from both parties
What are you referring to? What is the it that is communal? Is the whole garden communal?

The overwhelming likelihood is that the wall is not yours. It is a shared wall. The lease may give you a clue about what he can fix to it. What does it say?

Why do you think you're responsible for the bottom half and him the top? This would be an unusual arrangement, and potentially onerous for your neighbour.
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Re: Fence to built around my flat

Postby alvino » Tue Jul 14, 2015 9:55 pm

Wording from lease "my address aforesaid and including therein the external and internal walls thereof up to the level of the underside of the floor joints of the upperflat hereinafter mentioned. The restrictive covenants:

(1) "No part of the purchased land or of any buildings or erections the time being thereon (whether permanent or temporary) shall be used or occupied for any purpose whatsoever except such for which all necessary approval and permissions shall have first been granted by the Local Planning Authoirty and in the event that any such approval or permission shall be granted subject to any condition no part of the said land buildings or erections shall be used or occupied except in accordance with any such condition."

(2) No act or thing which in the opinion of the owner is or may be or may give rise to a public or private nuisance shall ever be done or suffered upon any part of the purchased land or in any building or erection at any time thereon.

I am no expert by any means in the reading of lease agreements, but this suggests that you need council approval if you erect anything on the land. Can you clarify for me?

Thanks.
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Re: Fence to built around my flat

Postby Collaborate » Tue Jul 14, 2015 10:00 pm

It only speaks of necessary approvals or permissions. That means don't build anything without PP.

The wall being yours, he cannot attach anything to it.
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Re: Fence to built around my flat

Postby alvino » Tue Jul 14, 2015 10:08 pm

Does that not mean he needs to seek permission from the council?
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Re: Fence to built around my flat

Postby MacadamB53 » Tue Jul 14, 2015 11:04 pm

Hi alvino,

his fence was granted planning permission by the Town and Country Planning (General Permitted Development) (England) Order 2015 which means he did not need to apply for planning permission.

up to the level of the underside of the floor joints of the upperflat hereinafter mentioned

what else does your lease have to say about the upperflat?
what does your lease have to say about the garden?

Kind regards, Mac
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Re: Fence to built around my flat

Postby alvino » Tue Jul 14, 2015 11:28 pm

I thought the general permitted order applied to houses, but not flats.

I could not find anything specific about the garden, it just refers to my plot, but it's an old lease so not easy to read.
I will have another look tomorrow.

If I'm honest, I just don't want it to be six foot but if he would lower it to the level of my window sill. He won't do that as believes his dog will jump over it.
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Re: Fence to built around my flat

Postby MacadamB53 » Wed Jul 15, 2015 12:28 am

Hi alvino,

Part 1 of the GPDO refers to development within the curtilage of a dwelling house.
Part 2 - the bit which covers, amongst other things, erecting fences is not that prescriptive...

Kind regards, Mac
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Re: Fence to built around my flat

Postby Roblewis » Wed Jul 15, 2015 10:00 am

The lease also contains a clause to prevent nuisance to others which is pretty standard with ex LA housing when sold. Talk to the leaseholder as this could be a nuisance under the lease. You can injunct the leaseholder if you feel they are acting unreasonably by failing to act. Usually they do however.
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Re: Fence to built around my flat

Postby MacadamB53 » Wed Jul 15, 2015 10:29 am

Hi alvino,

if you really don't want anything attaching to your wall then ask him to revise his plan - should be simple enough to erect the fence without attaching anything to your wall if he thinks about it...

Kind regards, Mac
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Re: Fence to built around my flat

Postby Roblewis » Wed Jul 15, 2015 5:40 pm

Look at any clauses relating to pets also as many such ex LA leases specify small dog only. I suspect your neighbour has a large dog :) from your description of why he claims to need a 2m fence.
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