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Please help me understand what these deeds/restrictions mean

21 replies

confuseddotcom12 · 21/07/2020 11:58

It's like reading another language, I know I should of done and checked all this before buying the house and I feel stupid now but it seemed ok at the time and nothing that would affect me. I moved in 2 months ago, haven't received any post completion paperwork yet I just have what I was given a copy of during the process.

The restrictions/covenants on the copy of the deeds I was given earlier in the buying process are really unclear to me. There's 2 separate parts.

Both front and back are a mess and need work done. For the front, there’s a small patch of grass which is massively patchy and despite many weeks of trying to get it to grow it doesn’t, so I’m thinking of replacing the grass with slate chippings and a small border.

For the back, the left side of the fence gradually gets lower and lower (photo attached) which means no privacy from that side. Firstly I don’t know who owns the fence (the fence is attached only to my house wall, not the neighbours as his house is further back) i posted in chat yesterday for advice but upon looking at this information I'm just confused. Also want to add a slate/gravel border where the mud border is.

Is someone with more knowledge/experience can help me out and explain what this means clearly and it this is going to affect anything I want to do? I don't know where else to turn, solicitor has had my money now so didn't answer my email about this as expected.

Please help me understand what these deeds/restrictions mean
Please help me understand what these deeds/restrictions mean
Please help me understand what these deeds/restrictions mean
OP posts:
confuseddotcom12 · 21/07/2020 12:00

Are these saying I'm unable to erect a different fence in my back, or a tiny border in my front to go around gravel? Would be very grateful if someone could help explain

Please help me understand what these deeds/restrictions mean
Please help me understand what these deeds/restrictions mean
Please help me understand what these deeds/restrictions mean
OP posts:
confuseddotcom12 · 21/07/2020 12:39

Bump

OP posts:
custardbear · 21/07/2020 13:08

Hi
I'm not a solicitor but I have a house with covenants. We have diagrams in the deeds which mark out what our boundary is, what our neighbour is able to do over what areas. It's all colour coded.
Also inverted T on your side of the fence in drawings indicates the boundary fence owner /upkeep

confuseddotcom12 · 21/07/2020 13:26

There is nothing that I can see colour coded/marker with a t from the copies I was given. Would this only be received after completion and I would get a new up to date one sent through?

OP posts:
HogDogKetchup · 21/07/2020 13:31

You’re fine doing fences and boarders.

HogDogKetchup · 21/07/2020 13:32

The plan would not change post completion.

confuseddotcom12 · 21/07/2020 14:02

It mentions a few things like 'should not erect or place any additional building or erection' it also mentions where that you can build a green house or shed but nothing specific about fences etc? I wish they would make it clearer for people like me.

OP posts:
HogDogKetchup · 21/07/2020 14:13

You don’t need permission to replace a fence.

HogDogKetchup · 21/07/2020 14:15

Para 6.1 of the third schedule says you can replace an original fence or wall.

HogDogKetchup · 21/07/2020 14:16

The transfer (doc you have attached) refers to a plan. There should be a plan attached to it?

confuseddotcom12 · 21/07/2020 14:17

I want to make it higher than it currently is as it's very low at the moment and there is no privacy from the other side, would that still be ok do you think?

OP posts:
confuseddotcom12 · 21/07/2020 14:21

I know that neighbours can sometimes be funny with things like this ime, so it wasn't clear to me from these documents whether there would be any issues with me removing the very patchy grass and putting gravel down with a border around it out the front.

OP posts:
OneEpisode · 21/07/2020 14:25

There is a general max of 2m high, measured from the original, unaltered ground level.

HogDogKetchup · 21/07/2020 14:26

It doesn’t say anything about landscaping. So you’re fine.

HogDogKetchup · 21/07/2020 14:28

interactive.planningportal.co.uk/detached-house/outside/fences-gates-and-garden-walls

That’s planning permission, which is a separate issue to the transfer.

Wtfdoipick · 21/07/2020 14:35

You won't have any problem over the rear fence however a border round gravel in the front would more than likely be a breach of the covenant. Whether anything would happen over it is another matter

HogDogKetchup · 21/07/2020 14:36

border round gravel in the front would more than likely be a breach of the covenant

Based on what?

wibdib · 21/07/2020 14:54

Have you got legal cover with your home insurance (or car insurance/bank account/union/etc) - they will be able to explain it in more detail...

confuseddotcom12 · 21/07/2020 15:32

@HogDogKetchup

interactive.planningportal.co.uk/detached-house/outside/fences-gates-and-garden-walls

That’s planning permission, which is a separate issue to the transfer.

What would the planning permission be for? Thanks everyone so far for your helpful replies.
OP posts:
HogDogKetchup · 21/07/2020 16:17

I was cross referencing someone’s comment above re the max height of fences.

Comefromaway · 21/07/2020 16:26

You solicitor should have highlighted anythig they felt you needed to be aware of and you should have asked them for clarification (I would not have bought tht house as teaching music isn;t allowed)

I'm assuming it was once part of a new build estate and a lot of those restrictions were set by the builders so that when it was sold anything done didn;t affect sales of other properties or neighbours.

The house I just bought had a restriction on building walls or fences in the front garden/drive. The previous owner changed where the driveway entrance was and started to build a retaining wall, someone complained and reported him and he had to apply for planning permission to continue. It was approved and all was fine. It just meant extra costs with plans etc (you wojuld not normally require planning permission for a front wall.

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