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

[Deleted User]

New house builders/estates only use the clause while they are still selling houses. Once the estate is completed, sold, and they have made their money, they don't care.

Thrugelmir

A hedge is a continuous line of plants. Create a flowerbed on the corner and plant it with prickly bushes.

Land_Registry

bikingbarney wrote: »

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

It reads as if this requirement is slightly different to the normal restrictive covenant as it relates to the original owners consent as referred to in clause 5.

That is different from a restrictive covenant imposed by a builder/developer to protect their development and it's 'look' whilst they sell the remaining plots.

Both will continue to bind the land/property even when sold on and on but by the sound of it yours still refers to the council's (I imagine?) consent whilst in the other examples it is most likely to be the other plot/house owners on the same development.

Your solicitor should be able to advise on any response but edddy's seems to be quite reasonable as they are simply asking for details of how the current situation has been arrived at. That may lead to further questions of course as mentioned but that's why the question is being asked rather than they are saying outright it needs to be removed for example I suspect

LittleVoice

bikingbarney wrote: »

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

So the fence is not intended to have the front garden remaining open plan. The intent is to change it to being not open plan!


Do they elsewhere define "open plan"?