Open Plan Front Garden

[Hope1]

Hi all,
My neighbour has just erected a wrought iron fence down his drive which runs upside my garden, he did not consult me it doesn't look very good we live in a estate which is open plan, can he do this? And what are my rights

[bednobs]

it will most likely depend on any covenants that apply to the houses (for example there is a covenant on my house that means i can't eerct any fence or wall round my front garden. However, if i did i have no idea who would enforce it - the builders went out of business years ago

[Buenchico]

Unless there are relevant covenants in place, restricting or barring the erection of fences, he's fully entitled to erect such a fence.

Even if your neighbour has breached a covenant, only the person (or body) who originally obtained the covenant can seek to enforce it. That would normally be the property developer; most developers seek covenants in order to keep local planners happy but, once the development has been completed, they cease to be interested in actually enforcing them.

[The Builder]

It may be a condition of the original Planning Permission that there should be no fences. Check with District Council (online search of Planning applications).

As Chris says, they probably wouldn't be interested though.

[boxtops]

I had that restriction when I lived on an estate in Birmingham - but after a few years, people started putting up hedges, nobody complained.

[murraymints]

As long as it is no higher than one metre high, neither is planning permission needed ..2 metres if it is at the back and more than 20, I think, metres from the pavement...in Scotland that is.....

[factor-fiction]

For our 'estate' we have covenants saying no walls, no caravans, no vans with logos on- but so many have these and no-one seems to do anything

[joko]

are they genuine ones factor? have they proven to be real?

sounds a bit over the top to try to ban vans and caravans etc. I'd be concerned it was just a busybody wanting control

[Graham-W]

Our covenants are the same as Factor's. The caravans and vans are not supposed to park in front of the building line. There's even a covenant about TV aerials and where sheds can be placed. As soon as all the houses on the estate were sold the builder lost interest in the covenants.

[Maydup]

Why have they built it hope1? Is it to keep a child safe or to keep a dog in?

[frugalfred]

Covenants are enforceable by a Magistrates' Court.

[boxtops]

First post, perhaps hope1 doesn't know how to find the thread in their history, to respond to us

[Hope1]

Well the reason is! about two months ago we lost our daughter an had our relatives her for her funeral and one or two of them, didn't know the setup of our house and did walk across our garden and over there drive, we have lived here for seven years and only ever said hello and goodby, not a word about the fence!

[woofgang]

There was a covenant on our house preserving the open plan look of the estate but it expired after 7 years (written into the deeds) Maybe yours has expired too.

[Hope1]

Ok thanks

[tamborine]

Am sorry to hear your sad loss.

You have the right to take him to Court to have fence removed. Your neighbour would lose the case if 'open plan' is written into deeds, and you risk misery living side by side.

Go with the change & plant a conifer hedge throwing shade over his garden (I can be a bich)

[Hope1]

Thank for advise might do the conifer!!!

[buildersmate]

Its surprising that someone can turn up with a statement that runs counter to virtually everything others have previously said (covenants are enforceable by the person having the benefit of the covenant) without a word of justification to explain their view.

But I suppose that's what the OP wanted to hear, so entirely laudible that they get the award for the Best Answer - even though it is utter tripe.

[Old_Geezer]

I dislike open plan; would never consider such a property unless desperate. It's like you have no land of your own to the front, for privacy etc. that you just open your door onto a public area.