Hi all.
We are selling a property and one of the enquiries that has come back from our buyers solicitor is about a metal railing fence for the front garden.

We had it put up as people were walking stright over our front garden to cut the corner so to speak.

A couple of other houses in the close already had fences similar so we thought it wouldnt be a problem.

Its an iron railing fence that goes round all 3 sides of our boundry

However the buyers solicitor has reffered to a certain paragraph in the title saying no fences etc to be installed to the front garden boundry and that it must remain open plan.

What are my options here?

Presumably the buyer can do whatever they like once they own the property.

You’re selling the house – just take it down!

Its bolted to the wall and next door have joined thier front section to it as well.

plus the fact im 10 hours away from the house.

Aaaah. Hmmmmmmm.

Indemnity insurance? We had a few random items like this on a recent sale and basically covered ourselves (& solicitor) against future mither

How much for an indemnity? Have you tried getting a quote?

I am not a conveyancing solicitor, but…

As far as I know, if other houses with the same covenants have broken the covenant without objection, they cease to be enforceable. It’s the neighbours who would need to object, as covenants are usually to do with protecting the amenities of those nearby.

If there’s a bunch of fences that have been there a while, with no-one objecting, then the open plan covenant is obsolete.

Just for clarity – IANACS!

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=4946

Depends how much the buyers view it as an issue I suppose…

Have they asked you to do anything? I really think I’d be tempted to reply along the lines of “thanks for the info, feel free to take it down if you buy it.”

If they don’t buy it, it’s naff all to do with them, surely? Sounds to me like a fault-finding mission to get you to knock the price down. If someone wants rid of it, they’ll probably get more for it in scrap than it’ll cost to tear down.

Nothing is ever simple is it !!

Not asked me to do anyhting with it just asked me to respond to the enquiriy.

HOw much would indemnity insurance cost?

About £50, we have just taken two out, they move over to the new owners so subsequent owners are covered.

If this is the only issue, I wouldn’t bother with the indemnity insurance. You’re paying for the possible cost of things being put back to how they “should” be – i.e. taking the fence down. How much will that cost? (guesses above). But they’re not going to be taking the neighbours fences down too, are they?

This sounds about right: “thanks for the info, feel free to take it down if you buy it.”

Plus, if it was in your interest to have the fence, it’ll be in their interests too? So it’s convenient for them that the covenants been broken by several neighbours with no objection.

I’d emphasise the word “restrictive” when you’re talking about it, and the advantages of the ownership being less restrictive as before.

The question they have asked is this…….

Please confirm that no extensions or alterations have been carried out on the property which may have required the original owners consent persuant to clause 5 of the third schedule of the 1999 transfer.

We bought the house house in 2007 if it helps.

the clause states……

“not to erect or pant or cause ot be erected or planted any wall,fence or hedge between the line of the front of the dwellinghouse and the highway/footpath fronting the propertwith the intent that the front garden of the property shall remian open plan.

thanks

So the answer is, no, we have a fence.

Seems pretty straight forward.

OK.

Can they force me to tkae it down or try and knock money off the price of the house for not taking it down?

These restrictions are usually put into the deeds by developers to keep their new build estates from feeling too hemmed in. It’s only really an issue if your lawn also includes a service strip, our estate is like that, no pavements so the services run under the first metre or so lawn. People who planted this strip up were forced to remove stuff when the developers tried to get the roads adopted (which still hasn’t happened 14 years on due to the incompetance of the council).

Freecycle advert “free fence, collector must remove”

Tell the buyers solicitor that you don’t want to sell to his clients because their solicitor sounds like a PITA jobsworth.

To be fair their solicitors are just doing their job properly, it really is a non issue though and they will only get money off of the purchase price if you are silly enough to give it to them (which you aren’t)

If they insist that it’s taken down explain that it will also pull the neighbours down but you will do so after you have exchanged contracts.

This is what Ive sent…………

“No extensions or alterations have been carried out since we have owned the property. However, for the avoidance of doubt, we have erected a wrought iron fence in the front garden. The fence has been there for 6 years, other properties have similar fences, nobody has ever commented on or objected to the fence. We have never discussed this fence with the original owners, and we have never sought any permission in respect of it. If any problem arose in the future, it would be relatively easy for the buyers to remove the fence.” See the attached cover of our sales pamphlet showing the fence in question and also that of our neighbours property that has a similar fence. The property next to that one also has a similar fence around it and also the opposite our property has a large fence around it. The fence was put in to stop passers by walking directly across the property lawn.

Tell the buyers solicitor that you don’t want to sell to his clients because their solicitor sounds like a PITA jobsworth.

ffs

imagine the whining if someone on here had bought a house, six months later was told fence needed to be shifted so gas board could dig up a pipe, and the buyer didn’t know because their solicitor didn’t bother telling them about the potential problem

OP’s response is perfectly reasonable

The fence was put in to stop passers by walking directly across the property lawn.

I wouldn’t have added this sentence…

yeap “i put the fence up because everyone else had one”

bottom as mentioned above is some ulitily needs to access the service strip, they shouldn’t take your fence up, they should pressure you i to doing it quickly. But in practice if the gas main has cracked the fence will be gone.
But they won’t put it back, they will only return it to lawn.

Covenants are more like advisories and are a civil matter. They are not enforceable against unlike a breach of planning rules. I’d not be too bothered by it.