Fences - leaseholder in private development

Hoploz

You can get blinds which offer privacy by being opaque from the outside but still letting light in, btw

Hoploz

Crikey very prescriptive, aren't they! Crazy to have all this so specifically worded in the lease!

Thomas23_2

Hoploz wrote: »

You can get blinds which offer privacy by being opaque from the outside but still letting light in, btw

Thanks, actually I think I will look into this as a back up option.. Ideally I'd prefer the fence though as it would offer the privacy to use the terrace as well.. I don't think you realise how nice it is to have an outdoor space until you don't have one.. Especially in the summer ..

They are very strict in the lease but from the limited view of the other terraces which have the higher fence and wood panels seem to do what they like, have potted plants, hang clothes etc.. And they can have their blinds fully open.. It's only our block who don't have the higher fence with the wood panels who have bare and empty terraces because we're so exposed..

Ironically also, by us not having the same fencing as the other blocks, it actually makes our block less like the 'high class residential building' look they're after..

G_M

I don't really see how you ca blame your conveyancer. Either you read the lease before buying, or you didn't....

Or perhaps the conveyancer failed to send it to you in which case why on earth did you not ask to see it......?

The quotes you provide do seem very prescriptive, and I suspect
* some minor breaches by yourself would probobly never be enforced
* if enforced, they may not stand up in court if the freeholder took it that far

Far more relevant is your statement that "no I, don't think I do own the terrace, wall or anything.."

In that case you clearly can't put a fence up on the boundary since you do not own it.

Though again you say "I think.....". You need to know!

martindow

Is your block new where the developer is still selling flats? On new builds there are often strict rules about what owners can and cannot do that they enforce to maintain a certain appearance until everything is sold. After that there is no interest in enforcement.

Thomas23_2

I don't think I'm the only person who feels overwhelmed when buying a property and understand all the legal jargon in these documents.. The lease actually does not anywhere specify ownership of the terrace belonging to myself or the Freeholder.. It's deliberately worded to avoid mention of it not being part of the premises and I do think that the conveyancer is there to flag up any issues, that is why you would pay them.. I do remember when we went to sign the documents questioning the floorplan but I don't recall at all being told the terrace didn't belong to us! Thinking back to another issue we had with the conveyancerds on another purchase, which is also why I say they're '!!!!!!', is because I'm sure the floorplan must have been printed in b&w but as the floorplan was presented to us with only our flat outlined with the terrace also on the document, not as part of a floor or the building etc, may be why it was missed by us..

Anyway, it doesn't make a difference now and of course I wish I'd paid closer attention at the time (warnng to anyone else out there!) but my issue is still regarding the fence.. Is there a way I can approach this to ensure that our block gets these fences put in? As mentioned on another post these would actually look nicer and tie us with the other blocks ..

chris_m

Hoploz wrote: »

You can get blinds which offer privacy by being opaque from the outside but still letting light in, btw

Net curtains ought to do the trick - and don't cost a fortune.

eddddy

Thomas23 wrote: »

Is there a way I can approach this to ensure that our block gets these fences put in? As mentioned on another post these would actually look nicer and tie us with the other blocks ..

Unless it said anywhere in your purchase contract that a fence would be put up - realistically, all you can do is ask the freeholder to put up a fence and offer to pay.

One approach might be to ask the freeholder to get a quote for fencing all the terraces - then seeing if you can persuade the other affected leaseholders to share the cost. (If some/all won't, you could pay the shortfall yourself - if you think it's worth it.)

But if the freeholder just says "no" - you're pretty much stuck..

(...unless you and other leaseholders go to the very extreme lengths of taking over management of the building through an RTM company: http://www.lease-advice.org/advice-guide/right-to-manage/#3)

Thomas23_2

martindow wrote: »

Is your block new where the developer is still selling flats? On new builds there are often strict rules about what owners can and cannot do that they enforce to maintain a certain appearance until everything is sold. After that there is no interest in enforcement.

Yes it is a new build but no, the developer's not still selling flats, we were one of the last to buy a few years ago and they were trying to sell quick so we only had 30 days to complete

Do you think I should just act in ignorance then and put up my own fencing, if they say something they say something? My flat would stand out on my block though if I were to do that so I'm worried they would say something.. And the managing agents are Chestertons so I wonder if they'd flag it.. Does anyone have any experience with them?

I guess the worst they can do is tell me to take it down

teddysmum

chris_m wrote: »

Net curtains ought to do the trick - and don't cost a fortune.

..or voiles.


Net and voile curtains can be fitted on spring tensioned rods which need no screw holes or sticky pads, so are removable , with no trace, in seconds.


This site gives ideas on curtains and the rod sizes available, the company's service being very good,too.


http://www.woodyattcurtains.com/