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Title Deeds - neighbour erected fence contravening the deeds

We stay in a new build estate and house is 6 years old. Property next to us is rented and the landlord on Saturday erected a 1m high fence bordering both driveways. We extended our drive as it was just grass in 2012. No other houses in street have fence between properties to the front and on checking title deeds it states in 2 separate sections...1st - no new boundary fence shall be erected with our prior written consent. The post and slats are 2cm from our boundary but cement holding posts in is OK boundary. 2nd - no fence shall be erected to the front of the property. Landlord has contacted council as have I and they don't have any issue but can't get involved in deeds aspect. I have 5 neighbours who will back me up as it is a burden and de-values our houses (plus we are trying to sell). Advice on what to do. Thanks

Asked on Mar 6 2017, General in Falkirk | Report content

Answers (2)

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  • Hello Jilly - it´s quite hard to decipher what is going on here without seeing the Plan but it would seem that you do have a case if the Deed states that written permission is required. Have you tried contacting the solicitor who you used to buy the property? They might be able to put together a letter so the matter can be dealt with amicably.

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    Answered on Mar 7 2017, Report content
  • I would suggest writing to the developer as it is likely they would need to give their written consent to such consent and air your objections. Good Luck Owen 365 Property Buyer

    Answered on Mar 8 2017, Report content

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