Fencing between two properties

[Blinkblank]

We own out drive from 30ft from the edge of our property, as does our neighbour. So a small amount of the drive is “no man’s land”. We wish to put a fence within our 30ft (diagram attached).

Something in our deeds is confusing me (attached), is this saying we can’t have a fence?

others have put fences up, but our neighbour is difficult, hence we want the fence.

Any ideas?

Says you can have shrubs
Where would you want the fence to be placed?

No fence allowed on front area or "this area" if that is indicated as the area between drives (who owns it?) . Whether this is enforceable is another matter.

No one apparently owns the space between the properties, but we want to put the fence on our land anyway.

Just inside our 30ft. So on our land.

Can you show on the diagram where you'd want the fencing

What does "said area" refer to - the nobody's land or something else?

Good question I think I need to read more of the deeds

It's highly unlikely that no one owns that strip of land. What do both deeds and title plans say about it?

Is the vendor still around? Looks like a very old deed. If they don't exist anymore then the covenant might be unenforcable.

It is on the (very bad) diagram it’s on the right between the two properties.

I had totally read your diagram wrong and thought the wee square was part of the property rather than the key to what things were...oops

How old are the properties?
I'm sure the houses around me prohibit fences at the front but hasn't stoppedothers around me doing it

😂! Don’t worry, I clearly failed O’level art.

They’re 1950s, lots have put fences up. So would the onus be on my neighbour to serve notice to remove the fence? If I just put it up?

Interesting, they are long gone I would assume, the deed was signed in 1959, so assuming they were 30 then, it would make them 94, so not impossible, but not probable.

@Blinkblank - depends who the covenant is assigned to in the original deed. Ours is a Victorian house but covenants in deeds still enforceable (& are enforced) by the original family trust who still exist even though the original signatories are long dead.
Unless the neighbours have an interest in the deed then it's nothing to do with them.

It's the same covenant on my parents home. It does get enforced.

It doesn’t round here, lots do have fences put up.

The neighbour certainly doesn’t have an interest in the deeds.

Is your property freehold or leasehold? The vendor is usually the owner. If leasehold you can ask the owner for permission. There’s also some legislation about applying for land if you can ‘evidence’ using it, so it might be possible to claim no man’s land. I think the period of time used to be 12 years, but I haven’t looked into it for a long time. I do know someone who was successful in extending their back yard under this legislation.
If you don’t get on with your neighbours, would they not prefer a fence too? You might be better off doing a courtesy mention. You never know…

The vendor is most likely the builder. In that case they’re most unlikely to still exist.

It is freehold

i don’t actually want to claim no man’s land, just put a fence on our land.

So they would have to approve it?

If they no longer exist as a corporate entity there is no one who can enforce it.

Why not just speak to your neighbour and see if he/ she is happy for you to stick a fence up the middle of the no man’s land .

She won’t want it, I don’t even want it on no man’s land, I want it on our land. But if she can stop us she will.

Interesting, thank you.

If you can afford it just slap up a cheap fence and see what she does. It seems a bit odd that you can put shrubs up but not any kind of fence though. Surely shrubs can get out of control if not maintained.
If she manages to figure out how to enforce the covenant then get some fast growing shrubs just to spite her and just maintain your side 😂