Can I put a front fence up between me and neighbours?

geekfit101

So recently purchased my first house, it’s been amazing however I’m now having issues with the front garden. My driveway is directly attached to my neighbours and we now have the issue of their children and friends using our drive as a runway for scooters and bikes etc. now I have recently purchased a new car which has now been scratched by a scooter. 

So ideally we want to put a small separating fence between our drives. However he parks his work van on his drive which means when he gets visitors they HAVE to walk up our drive to get to the house. So this may causes problems. 

We also have this in the title deeds

 “not to erect or plant or permit to be erected or planted any gate wall or hedge or other erection on such part of the property that falls between the front fact of the building erected theron and the road fronting to the same”

the deeds are with the building developer and not the council. 

Any help or suggestions would be appreciated. 

Section62

geekfit101 said:

So recently purchased my first house, it’s been amazing however I’m now having issues with the front garden. My driveway is directly attached to my neighbours and we now have the issue of their children and friends using our drive as a runway for scooters and bikes etc. now I have recently purchased a new car which has now been scratched by a scooter. 

So ideally we want to put a small separating fence between our drives. However he parks his work van on his drive which means when he gets visitors they HAVE to walk up our drive to get to the house. So this may causes problems. 

We also have this in the title deeds

 “not to erect or plant or permit to be erected or planted any gate wall or hedge or other erection on such part of the property that falls between the front fact of the building erected theron and the road fronting to the same”

the deeds are with the building developer and not the council. 

Any help or suggestions would be appreciated. 

How old is the house?

Restrictions like this in the deeds often mirror something in the planning consent - 'open plan' developments were designed to be 'open plan' and ofen are protected by both restrictive covenants and by planning conditions.

It sounds like putting up a fence will seriously annoy the neighbour, so expect them to kick up a fuss.  They may not have the ability to force the developer to take action, but could (if the development is relatively recent) create enough hassle for the developer to feel it worth their while contacting you just to keep the neighbour off their backs.

Also, bear in mind that a neighbour dispute and/or a covenant breach may impact on your ability to sell the property in the future.  A "tea and cake" solution might be better.

FlorayG

I've been through this and the upshot is - no, you can't. I had the EXACT same wording on deeds.The local council or whoever wrote the covenant can make you take it down as it clearly breaches the covenant and your neighbour will no doubt harass them until they enforce it.
The best you can do is get some road barriers and put them up alongside your parking - they are not permanent and will keep kids bikes away from your vehicle. Also will prevent his visitors walking on your part of the drive

Sea_Shell

Strategic planters? 

Jemma01

This is difficult, I'd probably put up a camera around my front garden (not overlooking theirs) just to capture any damage to your car and prove that it was caused by the neighbour's kids, and get them to keep their kids away from your car. 

FreeBear

Sea_Shell said:

Strategic planters? 

Poncirus trifoliata or if you want to be really nasty, gympie gympie.

Myci85

Have you had a chat with them about the issue? I feel it's always best to get along with your neighbours if you can, so would also recommend that as the first action. It may be that they are unaware that it is an issue for you, perhaps whoever lived there before you was not bothered by the kids and visitors using the drive, or never said anything. 
My newish neighbours kids are a bit feral and we caught them lobbing apple cores into our front garden and hitting our van. I let the mum know and asked if she could have a word with them, and she was mortified and gave them a right telling off, assuring me it wouldn't happen again!

FlorayG

Another thing that might help, if the kids are old enough, is to ask them to wash your car weekly for you and pay them. Once it's 'theirs' they will be a lot more careful about marking it!

ThorOdinson

Open plan is another terrible idea. Why do they allow this to be built?

Camera and a few hundred quid to fix damage will soon put an end to it.

artyboy

ThorOdinson said:

Open plan is another terrible idea. Why do they allow this to be built?

Camera and a few hundred quid to fix damage will soon put an end to it.

I live in a garden city that has a high court 'scheme' that enforces open plan, and I have to say that I actually rather like it. That said, the area I'm in does have well spaced houses so these sorts of issues don't really occur.

And just to add my own +1 for the suggestion around planters...

horsewithnoname

Another vote for planters, nice heavy ones too 😁