Hi!
I'm sort of new here. Commented on a few things but now I need some help!
Basically I want to build a fence to enclose my back yard. I am apparently not allowed to do this according to a lovely landlord who owns some houses on our street.
My house is a mid terrace - please see attached drawing to illustrate! I don't know how to explain it otherwise!
I own all the yard. Up to their back doors. It is shown clearly on my deeds. It is not shown on theirs - they only own the actual properties and it stops at their door steps. (I have seen 2 and 6 deeds) however it is referred to in the deeds as a 'common yard'
Right so I want to build a fence as shown but the landlord who owns house 2 and 6 reckons I can't.
Basically, 2, 4, 6, 81 and 85 have hanging rights and access rights over the yard.
In my deeds it stipulates that all the houses must be able to gain access to their properties and that the washing line must hang from 2,4, 6 or 81 over to 85s garage!
However - 85 doesn't have a garage anymore. They knocked it down last year. Also there is now a 7ft fence between us and 85 (for the record we have no issue with this personally)
So - for access building this fence wouldn't be a problem as we're not enclosing or blocking off anyone's door, and obviously 85 have their own access on the other side of their fence.
The problem is the hanging rights. The LL is saying that by building a fence we are obstructing these rights.
For one thing nobody hangs their washing out, and their are no lines. For two, the garage they should be attached to does not exist.
I have said to this LL that I will put a gate on the fence and either lock it and give them all a key should they want to hang their washing from my fence to 85s fence, or I will leave it open.
My solicitor has advised that this is reasonable and that the gate has to be wide enough for a wheelchair.
LL doesn't think this is good enough and has advised he will take me to court if I erect a fence. And charge me for the pleasure of doing so.
As a side note - this LL never had a problem with mr 85 building his fence or knocking his garage down. LL definitely knew about this when it happened as he lives about 5 doors up from mr 85 and wanders the streets all the time!
So can I legally build this fence?
I don't entirely trust my solicitor so before possibly being taken to court I thought I'd consult MN!
Thanks!!