Fence covenant query

Fence covenant query

Postby jonahinoz » Wed Sep 28, 2016 9:50 pm


My house is ex-LA (Right to Buy in 1991), and my neighbour is still LA owned. The current tenant is soon to move to a house more suitable for his desires to continue the species. The fence between us is my responsibility. It is 6ft high, consisting of 6ft long panels ... thin, rough sawn, strips of wood that are becoming brittle, and make a hell of a noise when hit by a football. But the posts are still sturdy, and set in concrete. Panels are in the middle of the posts. One panel is damaged, and not dog proof ... neighbour has patched it with plywood, on his side. Two more panels have disappeared into my neighbours wilderness, but my garage is covering that gap. My JRT can get his nose under the panels, facilitating him hurling doggie abuse at the pooch next door.

I wish to remove the panels, present them to my neighbour ... he enjoys bonfires, then clad the other side of the posts with 6" x 1" planks ... will probably cost about £1000.

There is a covenant/agreement, dated 1991, which says ....

... not at any time hereafter to erect any fence, hedge, or wall, other than a type for which written approval of the council has been obtained, and the purchaser shall not remove any tree or shrub planted by the council without prior consent of the council.

My question. Can I regard recladding the fence posts with a different specification of timber as a repair? I would prefer not to discuss this with the council.

John W
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Joined: Fri Aug 05, 2011 5:15 pm

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Re: Fence covenant query

Postby despair » Wed Sep 28, 2016 9:59 pm

i cant see that you need council approval
be wary of bonfires of fencing bcos its been treated and thus noxious fumes

i trust you realise that neither current or any new neighbour has any right to touch your fence or grow anything up it or paint or stain it
and most certainly not allow balls to be kicked or hit at it

Its your property and they cannot touch it ......end of
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Joined: Mon Mar 14, 2005 8:07 am

Re: Fence covenant query

Postby jonahinoz » Wed Sep 28, 2016 10:28 pm

Hi Despair,

Thanks for prompt reply.

Yeah, I knew what it being MY fence implied, but I'd rather have a 6-year old kick a ball against a fence, than over it.

I have an agreement with their parents that, should the sprogs transgress, I may shout, jump up and down, tear my hair out, and even glare at them most severely. But the kids are completely without fear, and I am unable to concentrate their minds. However, a ball coming over the fence is now a rare occurance, and they are polite when they ask for it back. We generally get on well ... cheeky little monkeys.

I won't be sorry to see them go .... but better the devil you know.

John W
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Joined: Fri Aug 05, 2011 5:15 pm

Re: Fence covenant query

Postby mr sheen » Thu Sep 29, 2016 7:46 am

Ex LA properties are often full of all sorts of covenants that are included on sale in order to protect the remaining LA properties that remain in LA ownership. Permission is usually granted if the works proposed will not be detrimental to the whole LA development or remaining LA properties, although an admin charge may be levied to determine if the proposed works are ok.

So you can either take your chance and just do the works and if it isn't bright pink plastic etc the council may just let it go, or you can get permission for the works you want. If the works are not detrimental to the overall image of the development, they will probably grant permission which gives you documents to cover yourself. They may charge you an admin fee. If you choose to just do the works and the neighbour reports it to council, the council may charge you the admin fee or they may try to charge additional costs since it was done without permission.....chance you may choose to take.

When all the properties become private they may no longer be interested. However some LAs retain unbelievable control over former LA properties and aggressively pursue enforcement of the covenants, each LA is different. Family member works in this field and has known LA's enforce covenants 25+ years after the properties have gone into private ownership. Whereas individuals probably wouldn't use their hard earned cash to try to enforce covenants and there are issues if others have also broken covenants, the LA is different....they can use their resources as they wish and can choose to enforce if it is in the interest of retaining the overall value of their property portfolio.
mr sheen
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