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Lamp post on front garden/driveway, can they legally enforce me to put concrete bollards around it?

si90
si90 Posts: 15 Forumite
10 Posts Name Dropper
edited 12 February 2020 at 2:43AM in House buying, renting & selling
Hi folks, just need some advice... We are wanting to block pave the garden area on our front garden to create a second parking space to ease parking issues on the development (which is a problem). it is a freehold house, however as with many new private developments we pay a certain amount of money a year to a managing agent that is in charge of the estate.  We emailed them permission and were told we had to pay a £60 plus vat admin fee before they would look into it. We did so and informed them we would be using the matching identical bricks to the ones currently on our existing driveway to keep everything looking in line and neat.
I received an email from them today, granting us permission on the basis that we place a concrete or metal bollard around the lamp post to protect it.
According to our deeds, we own this bit of land where the lamp post is placed, it is not part of the communal estate and we strongly oppose having to do this as we feel it will look (very) unsightly and is also an additional cost to ourselves, not only that, but it would take up a chunk of our land also.
Considering that is legally our land, can they really enforce us to do this? under what law and legislation can they enforce this under?
I have also attatched the picture the managing agent has sent to us of what the criteria is for the protection bollard.
Any advice is appreciated!

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Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    si90 said:

    According to our deeds, we own this bit of land where the lamp post is placed, it is not part of the communal estate and we strongly oppose having to do this as we feel it will look (very) unsightly and is also a additional cost to ourselves, not only that, but it would take up a chunk of our land also.
    Considering that is legally our land, can they really enforce us to do this? under what law and legislation can they enforce this under?
    Presumably under whatever the provisions in your deeds are which require their consent in the first place - which you (I presume) can read, and we can't! I take it the lamppost is privately maintained rather than adopted by the highways authority?
  • Hasbeen
    Hasbeen Posts: 4,404 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    si90 said:
    si90 said:
    Hi folks, just need some advice.  I have attatched a couple pictures for reference.
    We are wanting to block pave the green/bushes area on our front garden to create a second parking space to ease parking issues on the estate (which is a problem). it is a freehold house, however as with many new private developments we pay a certain amount of money a year to a managing agent that is in charge of the estate.  We emailed them permission and were told we had to pay a £60 plus vat admin fee before they would look into it. We did so and informed them we would be using the matching identical bricks to the ones currently on our existing driveway to keep everything looking in line and neat.
    I received an email from them today, granting us permission on the basis that we place a concrete or metal bollard around the lamp post to protect it.
    According to our deeds, we own this bit of land where the lamp post is placed, it is not part of the communal estate and we strongly oppose having to do this as we feel it will look (very) unsightly and is also an additional cost to ourselves, not only that, but it would take up a chunk of our land also.
    Considering that is legally our land, can they really enforce us to do this? under what law and legislation can they enforce this under?
    I have also attatched the picture the managing agent has sent to us of what the criteria is for the protection bollard.
    Any advice is appreciated!


    Hi folks, just need some advice.  I have attatched a couple pictures for reference.
    We are wanting to block pave the green/bushes area on our front garden to create a second parking space to ease parking issues on the estate (which is a problem). it is a freehold house, however as with many new private developments we pay a certain amount of money a year to a managing agent that is in charge of the estate.  We emailed them permission and were told we had to pay a £60 plus vat admin fee before they would look into it. We did so and informed them we would be using the matching identical bricks to the ones currently on our existing driveway to keep everything looking in line and neat.
    I received an email from them today, granting us permission on the basis that we place a concrete or metal bollard around the lamp post to protect it.
    According to our deeds, we own this bit of land where the lamp post is placed, it is not part of the communal estate and we strongly oppose having to do this as we feel it will look (very) unsightly and is also an additional cost to ourselves, not only that, but it would take up a chunk of our land also.
    Considering that is legally our land, can they really enforce us to do this? under what law and legislation can they enforce this under?
    I have also attatched the picture the managing agent has sent to us of what the criteria is for the protection bollard.
    Any advice is appreciated!

    Looking at your pics I would choose the first one as it looks neater. Consider the cost of your car bumping your bollard against the vastly increased cost of bumping the lamppost, which would require dug up and replaced.
    The world is not ruined by the wickedness of the wicked, but by the weakness of the good. Napoleon
  • diggingdude
    diggingdude Posts: 2,482 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Photogenic
    does the tree have to stay/be relocated?
    An answer isn't spam just because you don't like it......
  • Hasbeen
    Hasbeen Posts: 4,404 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 7 February 2020 at 6:25PM
    does the tree have to stay/be relocated? Would assume so, or very small car? under this new forum do not know if OP is still here to ask?

    The world is not ruined by the wickedness of the wicked, but by the weakness of the good. Napoleon
  • I have no idea, but what a nice looking house facade in the first picture. 
    :o
  • si90
    si90 Posts: 15 Forumite
    10 Posts Name Dropper
    edited 7 February 2020 at 6:43PM
    does the tree have to stay/be relocated?

    No, thats where the car would be parked and they haven't mentioned about relocating it anywhere so i presume not
  • si90
    si90 Posts: 15 Forumite
    10 Posts Name Dropper
    edited 7 February 2020 at 6:40PM
    The main concern is the appearance of the metal or concrete bollard outside our house. I think it would look an eye sore personally... i'm just not sure if we have any legal right to decline to fit one or not?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    si90 said:
    i'm just not sure if we have any legal right to decline to fit one or not?
    Like I said, read your deeds. I would guess they can add conditions to their consent, and what they're asking for doesn't seem unreasonable to me.
  • RichardD1970
    RichardD1970 Posts: 3,796 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    does the tree have to stay/be relocated?
    Don't think I would want a tree there anyway. Going to block a lot of light as it matures.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    I would want to protect the lampost for my own financial peace of mind. I'd also get rid of the tree, terrible placement.
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