Fence in front garden.. Title deed says must be open plan?

bikingbarney

Hi all.
We are selling a property and one of the enquiries that has come back from our buyers solicitor is about a metal railing fence for the front garden.

We had it put up as people were walking stright over our front garden to cut the corner so to speak.

A couple of other houses in the close already had fences similar so we thought it wouldnt be a problem.

Its an iron railing fence that goes round all 3 sides of our boundry

However the buyers solicitor has reffered to a certain paragraph in the title saying no fences etc to be installed to the front garden boundry and that it must remain open plan.

What are my options here?

Thanks

BB

AdrianC

It's only a problem if whoever "owns" the covenant decides they want to enforce it. How old is the house, when's the covenant dated?

The buyer may decide they want an indemnity insurance to cover the costs of having to comply with the covenant - it should be very cheap. But, for the sake of removing a metal fence, that's not exactly needed, especially if the house is older.

bikingbarney

Thanks for the rpely.

The house was built in the 70's and is ex council

I would quite happily take it down but I am 10 hours away from the property. Next door has also attached thier iron fence to it.

How much would indemnity insurance cost?

AdrianC

Ask your solicitor. He'll organise it all, if needed.

Being council, you know that the covenant holder is still extant, and may well care. That's a downside. On the other hand, they've got far bigger fish to fry. But, whatever you do, do NOT even think of mentioning it to the council. Once you do, nobody will sell you that indemnity.

thesaint

What do the buyers want?

eddddy

bikingbarney wrote: »

...
However the buyers solicitor has reffered to a certain paragraph in the title saying no fences etc to be installed to the front garden boundry and that it must remain open plan.
...

So what question is the buyer's solicitor actually asking? Is there something they want you to do?

Depending on the actual question, part of your reply could be "The fence has been there for X years, other properties have similar fences, nobody has ever commented on or objected to the fence. It would be relatively easy for the buyers to remove the fence, if any problem arose in the future".

bikingbarney

The question they have asked is this.......

Please confirm that no extensions or alterations have been carried out on the property which may have required the original owners consent persuant to clause 5 of the third schedule of the 1999 transfer.

We bought the house house in 2007 if it helps.

the clause states......

"not to erect or pant or cause ot be erected or planted any wall,fence or hedge between the line of the front of the dwellinghouse and the highway/footpath fronting the propertwith the intent that the front garden of the property shall remian open plan.

thanks

eddddy

So if it were me, I'd say something like:

"No extensions or alterations have been carried out. However, for the avoidance of doubt, we have erected a metal fence in the front garden. The fence has been there for X years, other properties have similar fences, nobody has ever commented on or objected to the fence. We have never discussed this fence with the original owners, and we have never sought any permission in respect of it. If any problem arose in the future, it would be relatively easy for the buyers to remove the fence."

stator

Unless the buyer requires the fence (for example if they have a dog that needs exercising) and if the fence weren't there they wouldn't be interested in the house, I can't see it would be a problem. It's just something the solicitor is obliged to raise and for everyone to be aware of. They may demand you pay for the indemnity policy but that's up to you whether you want to negotiate or not.

teddysmum

Our estate of private houses was begun in 1971 and there was such a clause.In fact, my father, who worked for the builders was sent to demolish a mini wall put up round lawn (I remember him saying it was a pity, as the brickwork was excellent).


40 years on,there are many low fences, one very high one (5 feet high laurels) and several cases of end plot owners , digging up side lawns for extensions or extra driveways, but no action has been taken, as the builders are long gone.


As the land, once part of a stately home estate, was bought from Bass breweries, there is a clause prohibiting brewing beers, besides one banning livestock, such as chickens...but I can hear chickens sometimes, so a neighbour has them.

cwcw

Being open plan would put me off, not the fence itself. I've never understood why new estates try to enforce this on people, it means no privacy, constant trespassing and a road of identikit front gardens.