Building a dwarf wall between ours and neighbours driveways

[john306]

Hi,
I'm looking into building a dwarf wall between ours and neighbours driveways.

It's not a shared drive, we've both got our own drive,its just one open tarmac driveway with a line of pavers separating the properties.

I'm currently waiting for quotes to come in.

My wife today in her wisdom, thought she'd remembered there being a restriction on building somewhere in the paperwork when we bought the house in 2014.

Much searching through paperwork later and we came across one item in the Land Registry transfer of freehold land 1985 that states " Not to erect any buildings, fence or wall or plant any hedge on any part of the property which lies in front of the building line of the dwellinghouse erected on the property".

Has anything changed over the years with restrictions or planning laws to allow me to build said dwarf wall between driveways or am i stuffed?

Thank you for any imput.

 

[Alec_t]

Not sure about the planning laws, but deeds also can incorporate restrictions.
Just curious, why would you want to build the wall? Seems anti-social, and also a trip hazard when you come home from the pub .

 

[john306]

I should have added we wanted gates at the end of the drive.
Having what is in effect a double driveway off a main road, means we constantly get cars and vans driving in to turn around. Very annoying.

 

[accelerator]

I should have added we wanted gates at the end of the drive.
Having what is in effect a double driveway off a main road, means we constantly get cars and vans driving in to turn around. Very annoying.

Personally, if this was annoying me enough, I would make myself a large "Strictly No Turning!" sign that could be wheeled into place.

Re the wall, as it expressly states not to in the deeds, you could not build one without facing legal action. It would be a trip hazard anyway.

 

[john306]

That would be unfortunate.
I was hoping after 40 years there might be some leeway as there is with planning restrictions.

 

[accelerator]

That would be unfortunate.
I was hoping after 40 years there might be some leeway as there is with planning restrictions.

I'm not a lawyer, so you could ask one I guess, but if you look around I expect a lot of others don't have any dividing wall and it's to keep the look of the locality uniform and therefore "nicer", and that's why I don't think you would get planning permission.

Have you asked your neighbour about it yet?

 

[blup]

Your covenant is with your seller, not your neighbour, so you’re probably ok. Sometimes covenants are worded so the neighbours can directly enforce but what harm is created? Planning rules are separate and you can generally have a fence/wall up to a metre in height at the front

 

[john306]

Neighbour is fine with it as they are fed up of unwanted traffic coming on their property as well, got much worse this last year for some reason.
I'll get onto the solicitor we used when we purchased the property.
Hopefully won't be too long or expensive.
Thanks

 

[Harry Bloomfield]

Neighbour is fine with it as they are fed up of unwanted traffic coming on their property as well, got much worse this last year for some reason.
I'll get onto the solicitor we used when we purchased the property.
Hopefully won't be too long or expensive.

Why not just discuss with your neighbour, both putting gates up at the roadside, and forget the dwarf wall separating your two drives?

 

[john306]

Not a bad idea, I've asked previously but they're in their late 80s and were not interested.

 

[Alec_t]

Couldn't you install a prominent, sturdy post at the end of the drive? If it were mounted in a socket and padlocked it could be removed easily when necessary.

 

[freddiemercurystwin]

I'd just do it, subject to keeping it PD.

 

[john306]

Thank all.
I've got on to solicitors, I'm just waiting for a call back to see what they say.

 

[StephenStephen]

Why not just put a large white rock there?

 

[mattylad]

As the covenant is with the people who built the house, first ask yourself - are they still around and are they going to care?
Any that are in my deeds are from 1855 and I'm pretty sure that there is no one around to enforce them.

I'd just do it.