Me and my much wanted fence again!

[pipsy76]

Hi I have now been to see a RL solicitor about my desired front garden fence , he was lovely but I'm not sure he read the documents very thoroughly!

Basically he told me the covenant only applies to the original builders and it would only be enforceable by them and they no longer exist. He said a covenant is only enforcable if we were in a buidling scheme. Since I got home I have looked again at the documents, is this not a 'building scheme' or is it just a covenant with the builders?

For the benefit and protection of the remainder of the vendors said estate at xxxx aforesaid and to bind as so far as pracitcable the land hereby jointly and severally covenant with the vendor that the purchasers and those deriving title under them will at all times hereafter observe and perform the stipulations contained in the first schedule hereto but so the purchasers shall not be liable for any breach of covenant after they shall have parted with all interest in the land hereby conveyed-

Any ideas? Thanks

Original thread www.mumsnet.com/Talk/legal_matters/1478823-Can-I-fence-my-front-garden-deeds-say-no-but-my-heat-says-yes

Have other houses altered from the covenant?. We had something about keeping the woodwork white but some haven't (I think again it was so they could have the cul de sac look good until all house were sold)

That does sound just like the covenant thats to do with our house, and there are plenty of fences now! The estate is around 30 years old now and the builders still in existance, but no ones minded.

Actually I have just read through the deeds of our house and it says 'no fences, screens blah blah blah should be erected to the front of the houses' I though originally there had been a time frame but nothing is actually there in writing. Perhaps all these fences are illegal too?

Contact the local planning committee on the council, they may have some advice. Some of our documents relate to the LA. (lost the will to live reading a couple of pages so no real advice!)

I'm not a conveyancer but I think that future purchasers (ie you) are bound by the covenant. the purchasers and those deriving title under them will at all times....

It was a solicitor who's whole business is conveyancing (sp?) but doesn't do litigation, however he says he really did skim read the documents, but only charged me a tenner!

It's definitely a conveyancing question not a litigation question, OP. If I were you I'd ask for a second opinion, or repost this thread on here as "Any conveyancing solicitors around" or something, as there are a few conveyancers on the legal section.

Well, worse case case scenario to me is you put a fence up, someone objects/you get sent a legal letter & then have to take it down!!!