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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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WHEN I BOUGHT MY PROPERTY IN 2012, I WAS INFORMED BY THE VENDOR

Resolved Question:

WHEN I BOUGHT MY PROPERTY IN 2012, I WAS INFORMED BY THE VENDOR THAT I WAS NOT RESPONSIBLE FOR A FENCE TO THE REAR OF MY GARDEN, I HAVE SINCE DISCOVERED THAT THE OWNER PRIOR TO HER HAD SOLD OFF A PIECE OF LAND AT THE REAR OF MY GARDEN, AND HAD TAKEN OUT A PERSONAL COVENANT WITH THE PERSON WHO HAD BOUGHT THE LAND, TO PUT IN PLACE AND MAINTAIN A FENCE. THE ACTUAL WORDING IS AS FOLLOWS. FROM NEIGHBOURS TITLE DEEDS

Schedule of personal covenants
1 The following are details of the personal covenants contained in the
Transfer dated 21 January 2000 referred to in the Proprietorship
Register:-
"The Transferors covenant with the Transferee to erect and maintain in
good repair a close-boarded fence 2 metres high within the boundary
marked T on the plan."
NOTE: Copy plan filed under ESX241017


THERE IS NO MENTION OF THIS ON MY TITLE DEED AT ALL NOR ANY FENCE MARKED WITH "T". DOES THIS EFFECT ME IN ANY WAY, AND IF IT DOESN'T HOW DO I WORK OUT WHO REALLY HAS RESPONSIBILITY FOR THE FENCE.

M WHITELEY
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

There have been many expensive and lengthy court
case is about whether covenants like this are enforceable.

Generally it comes down to who has the benefit and who has the burden and also, whether the benefit and burden
are said to be personal to whoever instigated and accepted them at the time or
whether they are said to "run with the land".



In that respect, this one is quite clear that it binds the previous owner of your property but not you because it says "Personal Covenants" (ie the covenant was personal between the Developer and the Seller and furthermore the covenant states

"The Transferors covenant with the Transferee" which means the covenant is only enforceable against "the Transferor" and not yourself.

In summing up, therefore, this covenant does not "run with your land" and therefore the Developer certainly can not insist that any such rear fence is maintained by you.

I must say it would be usual for this covenant still to appear on your Title, but as I have said, it is irrelevant now anyway.

I hope this sets out the legal position to you and assists.

Kind Regards

AL

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