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

Benldn

If it's a freehold and it's your land. Then why dont you bill the council for renting your land for their lamp post.
And if they dont want to pay ask them to take it off your land. 

AdrianC

Benldn said:

If it's a freehold and it's your land. Then why dont you bill the council for renting your land for their lamp post.
And if they dont want to pay ask them to take it off your land. 

1. What's it got to do with the council?
2. The OP agreed to it being there, perfectly legally, in perpetuity, when they bought the place. The OP is now trying to change the situation - which they also agreed requires the management company's permission, when they bought the place.

si90

i have no problem with the lamp post being on my land, what i do have a problem with however is me being restricted to what i can and cant do with my land due to the fact they've put their lamp post on my property. I don't think i'm being unreasonable by declining to fit an ugly, supermarket style bollard in my front garden at my own expense to protect their lamp post! after checking my deeds, it only says things like; any amendments should keep in line with the overall look of the development, no pink front doors, you cant paint your rendering blue etc etc. no mention of being restricted to what i can and cant do to my front garden... i'll look into it properly with a solicitor i think.

NewShadow

si90 said:

... what i do have a problem with however is me being restricted to what i can and cant do with my land due to the fact they've put their lamp post on my property... after checking my deeds, it only says things like; any amendments should keep in line with the overall look of the development, no pink front doors, you cant paint your rendering blue etc etc. no mention of being restricted to what i can and cant do to my front garden... 

That doesn't sound like the normal wording found in deeds... would it be possible for you to type/take a picture of the relevant section and post it here?

I am wondering - If your deeds do not specify any requirements or restrictions with regards developing the property - why did you think you were required to seek your management companies permission to make the change in the first place? 

Legally there are only really a few options:
- you have the right to develop your front as you see fit; OR 
- you have the right to carry out permitted developments with pre-specified restrictions; OR 
- you require permission to develop your front; which allows permission to be granted, granted with conditions, or refused... 

Given you paid £60 to the management company for them to consider granting permission, it at least sounds like the third option - hence the general responses you've received stating it's within the management company's power to specify that you may only make the amendment subject to conditions...

If any of the assumptions above are incorrect then please do clarify - it will help you get a more accurate answer.  

N1AK

DaveHedgehog1955 said:

I can only assume theres there are a few educated fools here (naming no names)
I would seek legal advice on whether there is any legal requirement for this to be done as it seems ridiculously overkill to me.

There's certainly at least one rude fool who would've benefited from taking notice of their education...

The original poster could of course seek legal advice, but they would have to make that decision based on the likely cost of that advice, the benefit that advice could realistically provide, and the likelihood of that advice providing that benefit. My initial opinion was that it probably wouldn't be worthwhile, and based on the comments so far I've seen nothing to make me think otherwise.

AdrianC

si90 said:

what i do have a problem with however is me being restricted to what i can and cant do with my land due to the fact they've put their lamp post on my property.

Frankly, tough. You agreed to their right to grant permission to changes when you accepted the covenants through purchasing the property. Your solicitor should have brought them to your attention and explained their implications. I presume you found a properly independent solicitor, and didn't use one in the vendor's pocket...?

I don't think i'm being unreasonable by declining to fit an ugly, supermarket style bollard in my front garden at my own expense to protect their lamp post!

So do some research around a different style of barrier which you find visually acceptable, and they find protective enough to be acceptable. The ball is in your court. Right now, your basic options are simple. 1. Don't convert your garden to parking. 2. Fit a barrier. 3. Spend money on legal advice which will almost certainly take you back to choosing between 1 and 2, depending on the precise wording of the covenants. 2 splits into... 2a. Fit their suggested barrier. 2b. Come to a mutually acceptable decision on an alternative barrier.

Marvel1

si90 said:

i have no problem with the lamp post being on my land, what i do have a problem with however is me being restricted to what i can and cant do with my land due to the fact they've put their lamp post on my property. I don't think i'm being unreasonable by declining to fit an ugly, supermarket style bollard in my front garden at my own expense to protect their lamp post! after checking my deeds, it only says things like; any amendments should keep in line with the overall look of the development, no pink front doors, you cant paint your rendering blue etc etc. no mention of being restricted to what i can and cant do to my front garden... i'll look into it properly with a solicitor i think.

Why did you buy the property?

si90

Marvel1 said:

si90 said:

i have no problem with the lamp post being on my land, what i do have a problem with however is me being restricted to what i can and cant do with my land due to the fact they've put their lamp post on my property. I don't think i'm being unreasonable by declining to fit an ugly, supermarket style bollard in my front garden at my own expense to protect their lamp post! after checking my deeds, it only says things like; any amendments should keep in line with the overall look of the development, no pink front doors, you cant paint your rendering blue etc etc. no mention of being restricted to what i can and cant do to my front garden... i'll look into it properly with a solicitor i think.

Why did you buy the property?

cause we liked the house?

AdrianC

si90 said:

Marvel1 said:

Why did you buy the property?

cause we liked the house?

But you didn't buy the house in isolation. You bought the house and the plot, complete with the legal restrictions in place on the plot.

Now you're complaining about those. You accepted them by continuing with the purchase once you and your solicitor discovered them during your pre-purchase due diligence.

si90

i cant find anything in our deeds about needing permission to change our front garden or am i missing it?