Open plan estates and front fences

[Tigercubrider]

not really planning and I doubt that I'd have an issue but....

My mid 50's house is built on an estate that was open plan. Older houses up the road are detached with front walls etc.
All of the neighbouring houses, detached or semi's don't- in the front gardens.
They are pavement/lawn/house, with a driveway. Some houses have turned some or all of their lawn into parking.

I always understood that fences were not permitted by some kind of covenant?
However who the heck controls it after 50/60 years is questionable.

My neighbour had guys working today.
Previously he'd planted small plants in a border he created in the lawn, they seemed to me to be digging out foundations for a wall? The plant's and tiny 12" fence he put in at the time have gone. There's a large pallet of concrete blocks.

It's not the Berlin Wall.
I will ask him what's happening but I'd like to understand what might be normal.
No other house in the area has such division, apart from two roads built on a hill so the driveways are higher/lower and the division is partly to stop cars falling off.

Cheers

 

[KenGMac]

Tigercubrider, good evening.

OK I live in a different Country with differing rules ? not all saying the same thing ???

If you can I would dig out the title deeds and see what they say ?

Or ? there may still be information on the Local Authorities planning portal?? but after such a long time???

Both the above ar e"discreet" and [fairly] easy points of reference.

Ken.

 

[^woody^]

The covenant normally benefits the developer and/or council

 

[KenGMac]

Are Covenants in perpetuity or time barred??

 

[big-all]

a general note covenant aside the max they can build ignoring the covenant is 1m to keep within the need to avoid planning permission
in other words you have a course off redress if the build it above 1m as its not planning exempt

 

[^woody^]

Are Covenants in perpetuity or time barred??

In perpetuity. However there must be beneficiary to enforce the covenant, and over time the original beneficiary may for one reason or another no longer be a beneficiary which will invalidate the covenant.

 

[HERTS P&D]

There was a covenant when I bought my house, I asked the solicitor and he told me not to worry about it but never told me what it was. Then I realised that no one had a fence in their front garden, it was all open plan. Anyway I put up a fence then after a couple of years other neighbours did also. No one ever came round to tell that a covenant exists to the fences.

Andy

 

[jacko555]

covenant aside the max they can build ignoring the covenant is 1m to keep within the need to avoid planning permission

Isn't the 1m limit when facing a highway? I thought the OP was talking about the wall dividing properties. If so, isn't the limit then 2m?

 

[mattylad]

Its "adjacent" to the highway.
When your talking about the side then ISTR you should make the panel closest to the front no higher than 1m to satisfy planners, the others 2m max.

Re covenants, if you want to breach it then just do some research first - try and find the beneficiary (usually the original builder) and see if they are still in business and if so you can always ask if they are bothered.
If you cannot find them then I'd say just go for it.

 

[Tigercubrider]

Yeah, cheers.
We have (afaik) covenants for

No signwritten vans parked overnight (ignored by a few)

No caravans visible (I certainly couldn't' remember seeing one- they are often behind gates at the sides)

Open plan

 

[Diver Fred]

Isn't the 1m limit when facing a highway? I thought the OP was talking about the wall dividing properties. If so, isn't the limit then 2m?

Me thinks it's 1m In front of the building line.

 

[pcaouolte]

Me thinks it's 1m In front of the building line.

It's 1m next to a highway used by vehicles (or the footpath of such a highway).

 

[sxturbo]

Yeah, cheers.


No signwritten vans parked overnight (ignored by a few)

this is the most stupid covenant i've seen, i've seen it mentioned a few times mostly on new build estates of late, i'm surprised they can get away with it tbh.

anyhoo, my estate has a covenant advising that no extensions front or back is to be built, it's been ignored by virtually every house on the estate including mine, the council even approved planning permission on it. I think the older houses where the council took over the upkeep of the land covenants are largely ignored.

new estates however big business have a financial interest in and so they keep a beady eye on all comings and goings, just waiting to pounce the moment they spot an opportunity to charge more money