Fence my responsibility - Can I remove?

mac123

Hi

Am I allowed to remove a fence which is deemed on Land Registry to be my responsibility?

It's a fence which splits two blocks of terraced houses and goes all the way to the road. It keeps breaking in the storms and instead of replacing it post by post, can I simply remove the fence?

No other similar houses on the street have such a fence?

Thanks

Mac

System

Your fence so up to you what you do with it.

mac123

Just checked my deeds and it has the covenant that the fence 'shall be your sole responsibility and shall be maintained and kept in repair as such'

Norman_Castle

Before removing it take photographs and mark its position with short posts or similar to avoid future disputes.

Norman_Castle

mac123 wrote: »

Just checked my deeds and it has the covenant that the fence 'shall be your sole responsibility and shall be maintained and kept in repair as such'

Is there a requirement for the height or existence of a fence?

mac123

Norman_Castle wrote: »

Is there a requirement for the height or existence of a fence?

It doesn't mention one, just simply -

To maintain in good and substantial repair and condition the boundary fence or fences shown on the plan annexed hereto and market 'T' within the boundary and other fences or walls erected by the transferor within the curtilage of the plot.

phill99

mac123 wrote: »

It doesn't mention one, just simply -

To maintain in good and substantial repair and condition the boundary fence or fences shown on the plan annexed hereto and market 'T' within the boundary and other fences or walls erected by the transferor within the curtilage of the plot.

That reads to my mind that there is an obligation on your part that a fence should always exist.

Shambler

mac123 wrote: »

It doesn't mention one, just simply -

To maintain in good and substantial repair and condition the boundary fence or fences shown on the plan annexed hereto and market 'T' within the boundary and other fences or walls erected by the transferor within the curtilage of the plot.

It doesn't seem clear to me. If there were 'other fences or walls erected by the transferor' in the plot you wouldn't think twice about taking them down if you wanted to.

The fact that they are boundary fences may or may not give them special status.

tony6403

Positive covenants are not easily enforceable in a freehold transaction. That is why for example flats , where occupants have joint responsibility for communal areas , roof maintenance etc. are leasehold.
Some info. here http://www.penningtons.co.uk/Global/PA%20News/Are-positive-obligations-binding-after-a-sale.aspx?th=CP&pa=08A558D2-C5C0-4970-8AE2-9D4151B11EDC

retiredin2011

Just replace it with a 3 wire fence, that is all that divides the gardens where I live.

cyclonebri1

There is no legal requirement for a fence to uphold a boundary.

Covenants?, yes, all over the place at build time, upheld?, rarely.

Tear it down if you don't want it. Neighbour could erect something similar a few mm on their side though. ;)