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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7617
Experience:  UK solicitor holding an England and Wales practising Certificate.
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hi i have deeds to my house which shows that i own the two

Resolved Question:

hi i have deeds to my house which shows that i own the two parking spaces directly behind my rear garden. i want to move the garden fencing to incorporate these parking spaces which does not block or impede my neighbours from using the other parking spaces.
i have not used both spaces for a while and feel the space is better used as part of my garden.
is this something i can do without planning permission?
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Is there a covenant on your land registry title stating something like "not to use the car parking spaces otherwise than for the parking of cars"?
Kind regards.
Tom
Customer: replied 2 years ago.

Hi Thomas

i will go home and check the deeds tonight. thanks for your help.

Kind Regards

Luit

Expert:  Thomas replied 2 years ago.
Hi Luit,
Please do so. It may be that I cannot answer until first thing tomorrow morning, depending on what time you reply though..
Kind regards.
Tom
Expert:  Thomas replied 2 years ago.
Hi,
Are you able to respond to the above post in order that I may provide you with an answer please?
Kind regards,
Tom
Customer: replied 2 years ago.

hi tom i checked my title deeds

the only paragraph i can see that might be relevant is

9. to maintain any part or parts thereof of the property which lie in front of the building line of the dwelling and / or outside the screen fence erected or to be erected on the property as garden entrance driveway and accessway (as appropriate) nor without the previous consent in writing of the local planning authority to:

a) erect or place thereon any building walls fences hedges or posts

b) cut down or damage or allow or permit to be damaged or except in the course of good husbandry to cut lop or trim any tree now growing or to be planted by the Transferor upon the property or on any adjoining land on the estate

so clause 9b - this tells me that i cannot erect a fence on my parking spaces without getting planning permission - however i know that permitted development does allow me to place a shed or outbuilding on my land as long as i dont exceed 50% of the total land around the original house.

Expert:  Thomas replied 2 years ago.
Hi Luit,
Thanks for your question.
Does the transfer or conveyance containing that clause indicate that the property was transferred from the local authority?
Tom
Customer: replied 2 years ago.

hi tom

the property is transferred from

COMMISSION FORTHE NEW TOWNS - care of legal services english partnerships

it was english partnership land.

Expert:  Thomas replied 2 years ago.
Hi Luit,
Thanks for your reply.
My view is that if the land in question is not subject to a restrictive covenant saying that you must only use it for parking and is not subject to any rights of access in favour of other persons then you can in theory put up a fence.
However, the purpose and intent of the covenant restrcition stating that you must seek the consent of the local planning authority is unclear, in that it does not say that you must comply with planning law but simply that you would have to seek the consent of the local authority.
So, personally I would plan to only erect on my land (ie. not right on the border between your land and any other owners land and then write to the planning department referring to the covenant and seeking consent. In all probability they will just write back and confirm that they have no obection and then you should be free to erect/partition assuming there are no other restrictions which I am unaware of.
Kind regards,
Tom
Thomas and other Property Law Specialists are ready to help you
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom