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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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We live in a detached house part of a small estate. There seems

Resolved Question:

We live in a detached house part of a small estate. There seems to be a covenant on deeds referring to the front wall. We are at the front and to the side of our house there is land that belongs to us on our boundary deeds but is not claimed before our back garden wall. Our wall got knocked down in storm and we were looking to re-claim this land. However, two neighbours came over with covenant saying we couldn't as it was meant to be open plan. But this seems to refer to front wall not side boundary. Who is correct?
Submitted: 3 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this. So you think you own land to the side of your house that you want to put inside walls and include within your garden but the neighbours say this land is either not yours or if it is it must be kept open and unenclosed.

LondonlawyerJ :

When you refer to deeds are you talking about land registry documents? When did you buy your property and do you still have the report on property from your solicitor? What do your deeds actually say that leads you to believe that the land is yours and what does the covenant say that makes the neighbours believe it is not. what document contains the covenant?

Customer: The red line on title deed from Land Registry indicates clearly it is our land as per the title number and as we originally knew. The third schedule of title plan which I can't find says on (IV) No font fence wall or hedge ie other erections or thing except as existing at the date hereof shall be places or built or planted in front of any wall or line of building now erected on the property hereby transfer terse without the prior written consent of the Transeror or the local authority provided that this shall not prohibit the normal planting and maintenance of grass and flowers not exceeding 18 inches in height in the gardens in the area between dwelling house on the property hereby being transferred and any street or road on the estate but that any plant or vegetation growing to a height ......" The land is 100 percent ours but I assumed "front wall" takes into account the front area of our house and these restrictions therefore apply to this area. This is side of our house, so where does this leave us, between current wall, our additional land and then our defined border?
LondonlawyerJ :

Ok thankyou for that. I will be busy for some or all of the rest of this morning but will get back to you later today. I hope this is OK.

Customer: getting fed up waiting
LondonlawyerJ :

It would seem that the restrictions you refer to relate to the front only and not to the side wall. If your neighbours rea relying on the section you refer to above then they are probably in the wrong. Is there any definition of “front wall” that might enable your neighbours to interpret it is as including a side wall?


As far as the side boundary is concerned then the title plan at the Land Registry is not definitive.


In order to work out the precise boundaries your first step should be the information provided by your conveyancing solicitor. There should have been a report on property or similar document prepared by your solicitor at the time of purchase. This should set out the extent of the property and the boundaries and also the reason for the solicitor coming to this conclusion. If you no longer have this document then it may be that your old solicitor has (although they are only required to keep documents for 6 years).


You should get this document and check it as a first step.


Am I right in thinking that no particular person has been using the land outside ur wall but which is yours and that t us juts left open at the moment?


I hope this is helpful and if you can find the document I suggest above you will very likely be able to find the answer you are looking for.

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