Fences - leaseholder in private development

Thomas23_2

Hi

I was hoping someone could help me.

I live in a private leasehold development in a ground floor corner flat. For some reason the development allows for public access and means that I have people regularly passing by my windows. People have also sat on my railings and regularly stand there for ages having long phone conversations.

This road also acts as an entrance for vehicles with road pillars that need to be unlocked by the caretaker / security for entrance. Other vehicles also use this as an unloading point (large trucks, vans etc) or cars as a turning point. Further along the road where I live there's also a council estate so people tend to also hang around this corner in groups, playing football, driving up and down on mopeds..

[/B]I do have a strip of terrace that surrounds my flat with the current barrier consisting of a two foot brick wall and metal railings adding another foot so approx 3 foot tall in total (as do all the ground floor flats here) however the other blocks also have wooden paneling in addition to this taking their walls to approx 2 metres tall and giving them an additional level of privacy and security. [/B]

The block I live in was originally rented out by the Freeholder for a year before selling as leaseholds which is why the terraces do not match the other blocks.

My issue is obviously that I'm unable to use my terrace as I would like as there is no privacy. I'm permitted to have a table, chairs etc here but obviously that's not really feasible as I'm unable to even open my blinds fully as people (naturally) constantly look in. There's also the question of security as I don't want my belongings in clear view of the general public, so ideally, and the logical thing I can think of is to have the wooden panels that all the other flats have.

On purchase we were initially told that the developers were not interested in adding these panels and because they wanted a quick sale we were constrained in what we could ask for but were told by the agents that it was something we could pursue later as a number of the other ground floor leaseholders also wanted this added.

It's now been a couple of years and nothing had happened on this and I'm now wondering what my rights are in getting the Freeholder to add these to our block. I don't mind paying for this however I'm concerned if the other flats don't want this they can't do the work. I'm also concerned I'll simply get an outright no so wondering if I should just try and put some reeds or something up and act in ignorance of any rules, however I've looked at my lease and there is a clause that says we're not allowed to do anything to the outside of the property which would affect the uniform look of the development so I don't believe I'm able to add any paneling myself to the terrace without the permission of the Freeholder.

This has annoyed me the whole time I've lived here however I really feel something needs to be done now. I'm a female and love on my own so this is a concern for me.

I would appreciate any help in how I could go about ensuring I can get these panels put up as I'm worried I'm going to hit a brick wall with the Freeholders.

G_M

1) you own the lease on this flat yes?

2) where does your Leasehold Plan show the boundary of your property to be? Are 'people' trespassing onto your land?

3) what boundary fence etc is there if any? Who owns it? What does your lease say, if anything, about installng an alternative boundary fence (ie does it prohibit you from putting upa taller fence)?

4) what does the lease say about access to any of the land you own? Do the public have a ROA? What about other residents etc?

5) Is any of this land a public footpath? Is there a ROA provided by other neighbouring property Titles? Or the Freehold Title?

Without a clear statement of your legal rights and obligations, and the legal rights and obligations of others, we cannot advise you.

Thomas23_2

Hi

Thanks for responding.

1. Yes, I own the leasehold

2. Yes, the terrace is included in the floorplan up to the pavement. I believe the wall itself forms part of the 'building' as per my lease, as balconies form part of the upper floors. I have once that I know of had someone jump into my terrace and I have noticed sometimes litter had been dropped in there. I have also seen people sit on the railing or lean on them so technically, I guess that could be construed as trespassing.

3. There's nothing specifically mentioned about building a taller fence however it does mention no other furniture except table and chairs and is specific that no changes are allowed which would change the external look of the building. Even hanging clothes etc or shaking your bath mat outside is forbidden(!) (I just saw that when reading the lease today).

4. There is no public access no other resident right of way access to the terrace, just outside of this. It's a small terrace, a strip about five feet in depth from the property walls all the way round.

5. No-one has a public roa or is roa given to anybody including other residents. I saw no mention of this in the lease. No-one except the Freeholder retains a right to access any area of the property, but only to carry out works or inspections. So far neither has ever been requested.

Thanks

G_M

Thomas23 wrote: »

Hi

Thanks for responding.

1. Yes, I own the leasehold
OK
2. Yes, the terrace is included in the floorplan up to the pavement. I believe the wall itself forms part of the 'building' as per my lease, as balconies form part of the upper floors.
Don't uderstand. What have the balconies got to do with anything? Presumably they ar part of the leases of flats above.

I have once that I know of had someone jump into my terrace
So deal with that as trespass and I have noticed sometimes litter had been dropped in there.
I suggest a friendly chat with the occupant of the flat above
I have also seen people sit on the railing
What railing? The balcony above? The railing separating your terrace from the pavement?
Who owns this railing? You?
or lean on them so technically, I guess that could be construed as trespassing.
Assuming this railing separates your terrace from the pavement, and it is passers-by leaning/sitting on it, and the railing is yours then
* make the railing unattractive to these people (anti-climb paint? Spikes?)
* replace the railing with a fence?

3. There's nothing specifically mentioned about building a taller fence
nowI'm confused. Is this a fence or a railimg that is the problem?
however it does mention no other furniture except table and chairs and is specific that no changes are allowed which would change the external look of the building.
Please quote the exact wording.
Even hanging clothes etc or shaking your bath mat outside is forbidden(!) (I just saw that when reading the lease today).

4. There is no public access no other resident right of way access to the terrace, just outside of this. It's a small terrace, a strip about five feet in depth from the property walls all the way round.

5. No-one has a public roa or is roa given to anybody including other residents. I saw no mention of this in the lease. No-one except the Freeholder retains a right to access any area of the property, but only to carry out works or inspections. So far neither has ever been requested.

Thanks

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Thomas23_2

Hi

I feel this is overly confused.

I just meant the terrace and the wall around the terrace (consisting of a brick wall with metal railings) is included in my lease, as do the balconies for the other apartments here. No other connection.

When I said someone jumped into my terrace area, I meant from the street, not from the balcony above.

I don't know who has dropped the litter into the terrace however assumed it was from passersby or people who hang around here, not from balconies. I don't know how I could find out either.

My whole question is around permission to make any changes to the exterior of the property and onto the existing wall. Printing or aiming spikes would also fall into that category however I would rather simply add on the panel fencing in keeping with the other blocks.

G_M

it does mention no other furniture except table and chairs and is specific that no changes are allowed which would change the external look of the building.

Please quote the exact wording.

If you want advice concerning changes you might/might not be permitted to make, we need to know the precise restrictions that apply!

Also useful to know who owns the freehold (eg you as joint owner?) and/or who manages the estate (eg the leaseholders under RTM?)

these factors could influenec whether enforcement action would/would not be taken against you, and/or whether consent might/might not be granted if you applied for a change

bouicca21

You can stop people looking into your flat by applying privacy film to the Windows.

Have you spoken to the other ground floor leaseholders to see if they share your concerns?

Thomas23_2

Sorry, I've been trying to post the lease information as a photo, can I pm these to you?

Also:(( just rereading my lease and realising I actually only have right of access over my balcony!! This is why you shouldn't use !!!!!! solicitors!:mad::mad::mad:

So, no I, don't think I do own the terrace, wall or anything..

Thomas23_2

From the lease

"Not to locate or use within any balcony over which access rights are granted any balcony furniture or other apparatus which, in the reasonable opinion of the landlord , detracts from the external appearance of the building as a high class residential building."

"The exclusive right of the tenant to use the balcony as shown on the plan immediately adjoining and accessible from the property for recreational purposes provided that such use shall be conditional upon the tenant complying with the provisions of this lease..."

"Not to use any balcony over which rights are granted pursuant to schedule 1 other than for quiet recreational purposes and in accordance with regulations from time to time made and published by the LL in the interest of good estate management ... With the following restrictions

1. No fires or bbqs within the balcony
2. No planters, pots or other items placed on the wall or surrounding balcony, hanging baskets or ornaments
3. No plant machinery or other items shall be placed within any balcony other than reasonable tables and chairs for leisure use (and on a temporary basis only)
4. No clothes or other items shall be hung over balcony"

Not sure all of this is relevant but thought I'd add in case..

There's no mention of doing anything to the wall but they're very prohibitive in general..

Thomas23_2

bouicca21 wrote: »

You can stop people looking into your flat by applying privacy film to the Windows.

Have you spoken to the other ground floor leaseholders to see if they share your concerns?

Don't think we're allowed to do that either.. Lease says

"Not to erect blinds or curtains or any other coverings to external windows in any part of the premises without the prior written consent of the landlord save for curtains or roller blinds with white or cream external facing linings"

No, I haven't spoken to the other tenants.. But I think most of them are actually renters not the leaseholders..

Hoploz

I think I'd put a couple of bamboo or similar plants in tubs on the terrace for a bit of privacy. I see it says you shouldn't do that on the wording above by the looks of it, but I'd do it and see if anyone actually complains. It's something that's easily reversible if they do.