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Title deeds/planning permission

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wonder if anyone can help with some advice.

We have put in planning permission to have a small extension built that would run down the side of our house. It goes right up to a fence that we want to remove so we can build the extension (but we don't mind if the fence has to go back up again afterwards).

The council has come back with a query on who owns the fence, them or us which I am baffled about. We've always been of the opinion its ours as we have always maintained it etc - as does everyone else in the area. In fact, some have taken down theres and replaced with new ones. Looking at our title deeds for the hosue , which dates back to the late 60s, it says that we must not remove, modify the fence etc withouth the express permision off Wimpey Homes who built the fence. I can tell that a number of neighbours probably haven't done this, but would this still stand over 40 years down the line? and do we need to get wimpeys permission to remove the fence so we can build the extension?

Comments

  • MX5huggy
    MX5huggy Posts: 7,163 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Strictly speaking yes, but Wimpey's are not interested in a fence they put up 40 years ago, they put this in place so that the estate looked good while they were selling the properties. they don't care now.

    If it suites your purposes just tell the council that you own it.
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