Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Share of freehold - fence dispute

8 replies

hxhxml · 02/08/2023 21:09

Hello,

This is my first post here and having neighbours from hell.

We purchased ground floor maisonette in a building of 4 maisonette in total. It is share of a freehold with Limited company formed. (each flat owns 1 share)
The lease says that the the maisonette comes with back and front garden and they are referred as "demised premises".

The lease only mentions approval from other freeholders for structural alterations. It does specifically says there is no right to light.

The plans in the lease specify that the garden in back is split in half where the back of our garden belongs to upstairs. There is a fence already in between.
We wanted to put a higher fence as the current one is about 1m tall and the neighbours can look directly into our property.
The neighbours overheard us and approached us in not very kind manner, saying we cannot do this.
The fence already is within our boundaries and was put up by previous owners of the maisonette we now own.

I believe we are legally allowed to put up a fence within the boundaries (as the lease don't prohibit that) but now suddenly they are saying that all decisions needs to be agreed by the Management Company.
Wouldn't that only apply to shared grounds not demised?

Has anyone got similar issue?

OP posts:
Tara336 · 04/08/2023 18:47

Your layout sounds identical to what I own, I put a 6ft fence up around my garden, didn't discuss it as its my maisonette. No one objected. I'm in middle of updating the lease and being incredibly careful as I don't want any changes as it works fine but it's one if the new 999 year leases. There was mention of setting up joint insurance, permission for changes ie windows etc and I said no don't want that

filka · 04/08/2023 19:07

You might want to repost this in Legal matters

TizerorFizz · 04/08/2023 19:11

Would the new fence make them feel more enclosed? Maybe try and negotiate a trellis on top? Grow plants up it? You won’t really get privacy in this type of home so maybe compromise?

hxhxml · 07/08/2023 21:09

Thank you all.
Yes, we compromised on 4 foot originally + 1 foot trellis. We spoke to the solicitor and we don't need a permission but now they are backing out and keep saying the management company has to agree to everything :( It's just difficult to speak to them as they keep talking over us and use arguments that are incorrect so we are not fully sure how to deal with that without having solicitors involved.
They also requested to see us tomorrow!

OP posts:
Spirallingdownwards · 07/08/2023 21:15

Ask them to specifically point to the document that stated the permission of the management company needs to approve this type of work.

TizerorFizz · 07/08/2023 22:25

Grow a 2 m hedge? Legal as long as it’s on your land. Beech fills out quickly.

hxhxml · 09/08/2023 14:09

We spoke to them yesterday and they agreed on the 4 foot + 1 foot trellis, however they keep saying that the management company has to agree on everything.
Technically, we know they are wrong (we spoke to the solicitor and we also know that the lease doesn't mention the fence etc. Plus there is a fence there already!)
They also tried to intimidate us by saying to us that this is the management company's decision and even when I tried to point out that the MC manages things within the lease (not demised premises) they started to be rude and didn't really let me speak.
We tried to just agree on the fence and leave it for the time being but they told us we must ask them if we want to plant anything in our garden!

Absolutely mental. I'm so sad. Not sure how to approach them at all as it seems that anything we try to do will make them mad.

OP posts:
TizerorFizz · 09/08/2023 18:18

Put some pots in with tall plants.

New posts on this thread. Refresh page
Swipe left for the next trending thread