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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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In May 2003 we were sold a parking space by a development company.

Customer Question

In May 2003 we were sold a parking space by a development company. It was sold to us for only £1 as they needed access along our road and by selling us a parking space, we could park elsewhere and they could gain access. If us not immediately adjacent to our property. The deeds show we own the adjacent patch of grass. The development company have always managed this ( cut the grass). The area of grass is big enough to treat as a garden and we would now like to fence it off and treat it as such. As our deeds say we own it, can we do so? Would there be any other official paperwork saying we can't?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : There was no covenant preventing fencing it off please?
JACUSTOMER-6utz5r5r- : I have no paperwork saying it can or can't be fenced. There is a deed plan showing the grass is included, and a land registry and reference to a letter which refers to terms ' we agree to transfer the outlined parking space under terms previously outlined in letter dated April 2002'. I can't find this letter! Would a letter be adequate if would it need to be in a legal covenant?
JACUSTOMER-6utz5r5r- : I have found the letter and it says 'we shall be arranging for the land adjacent to the parking space to be landscaped' which it was. It says we should 'maintain the transferred property and planting to a good standard so as not to cause nuisance or annoyance to adjacent residents' . We have not maintained the grass and plantings because someone else has- as it has been treated as public land presumably. But there does not seem to be anything to say we can't fence it ?
Alex Watts :

I agree. It does not say anywhere that you can NOT fence it.

Alex Watts :

I would expect it to be in a covenant or in some paperwork.

Alex Watts :

But everything you have does NOT prohibit a fence.

Alex Watts :

So in the absence of any planning permission that may or may not be required YES you can fence it off and there is nothing that can be done.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-6utz5r5r- :

Yes please. I am picking up some additional documents which were at the solicitors so there may be further information in there. Apparently there is a copy of the land registry act which has certain conditions. Can I check these with you if I need to, tomorrow. Would I need planning permission to put up a fence??

Alex Watts :

Yes of course. You would need planning if it is next to a highway, more than 2m high or in a conservation area.

Alex Watts :

I hope this helps.

JACUSTOMER-6utz5r5r- :

It is next to a road but it is not an adopted road. There will be no extra cost if I have a query when I look at the extra paperwork? Hopefully it will be clear.

Alex Watts :

It is all on the same question.

Alex Watts :

Does that help?

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