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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10952
Experience:  Barrister 17 years experience
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I live in a small housing complex of bungalows and houses where

Customer Question

I live in a small housing complex of bungalows and houses where all the properties are open plan at the front
The Deeds to the properties issued by the Land Registry clearly state 'Not to erect any fences to the front of the Property'
A recent purchaser of one of the bungalows is now attempting to erect a 3ft. fence around 3 sides of her front garden
When spoken to she did not appear to understand that the fence cannot be erected in spite of my patient explanations
She does not interact with other residents and appears to have some mental disability although lives alone with no apparent help
( I am a qualified social worker with over 30 years experience of work with adults with learning difficulties and was very careful when I approached her to discuss the problem)
The fence erectors told me that she has said she is to apply for planning permission to erect the fence and indeed she mentioned this to me but clearly did not like what I was saying
Of course the planning department will inform her that she does not need planning permission so it is extremely likely that she will see this as as permission to go ahead, which of course it is not.
I and other resident, many of whom are elderly, are worried and somewhat at a loss as to take the problem further
Submitted: 2 years ago.
Category: Property Law
Expert:  Buachaill replied 2 years ago.
1. Here, you should formally write to the workmen erecting the fence and state that you will impose the costs associated with the taking down of the fence on them. In this way, you can get them to cease work and stop erecting the fence, irrespective of what this one house owner wants to do. Then, either the management company or whoever holds the benefit of the burden or covenant in the Land Registry can enforce the restriction preventing the erection of the fence. I suggest they, or you if you can enforce it, get yourself a solicitor and formally write a solicitors' letter to this one property owner, informing her you will get an injunction to remove the fence if she continues to erect it. Copy the letter to the workmen who are erecting the fence. Ultimately, I doubt you will need to get an injunction but a stiff rebuke is necessary to bring this person to her senses. 2. Please RATE the Answer as unless you RATE the Answer, your Expert receives none of the money you have paid this website so there is no incentive to answer any further questions.