Boundary Fence

[Jan Howieson]

We want to erect a 3ft picket fence around the boundary of our front garden. I have checked with our local council that we do not need planning permission. However, our house deeds state that no fence or wall can be erected exceeding 1ft. Who enforces the deeds if the council aren't interested? Our house was built in the mid-70's, there are several other houses in the Close with picket fences and our neighbours do not object.

[darth vader]

re-read your house deeds - normally there is a time period attached to any stipulations in the deeds (10 years is normal so it's quite likely the stipulation as expired). Failing that then i'm pretty sure only the builders who created the deed stipulations in the first place, are the only ones who can object to your intended 'violation' of the deeds, if no planning permission is required. . Ring a solicitor who will confirm this.
If they still exist you can contact them to obtain permission if you require to do this completely legally - normally these things are done by common consent (i.e. they don't annoy a neighbour who then contacts the builder) as the builders don't give a monkey's once they've sold off all the houses.

[WendyW]

It could be that your house is a leasehold property and that the covenant is there because the freeholder wanted it to be. Often this type of covenant is put into the deeds of houses with openplan gardens .. it is designed to stop people building walls or putting up fences and thus spoiling the overall effect.