Advice on moving a fence | Property Factor | Scotland

[Jxta]

Hi all,

Based in Central Scotland, looking for advice on a fence I want to move within my boundary.

The below image outlines my land deeds, the yellow line represents my garden fence currently, the green line is where I would like to move the fence to. The area marked with blue lines contains a few small trees, shrubs, bushes, etc. which is maintained by a property factor.

My question, do I have to notify the property factor (or anyone else for that matter) that I will be removing all greenery and digging out this area in preparation for the new fence or can I go ahead and do as I please because its within my land deeds?

Thanks,
G

 

[OwainDIYer]

You would normally only have a factor in a flatted building; if there is a factor maintaining part of your garden then why? Even though the land may be yours according to the deeds, there may be other conditions which restrict your ability to fence it off.

 

[KenGMac]

Hi, G.

We are in a shall we call it a grey area? in that you are claiming to own a bit of land that is being presently "maintained" by the Factor, is in fact your property.

This will come down to the interpretation of the available drawings / information contained in your Title Deeds, it is possible that your Factor may have a different view on what area of land is "owned by whom"?

If your Title Deeds clearly indicate that you do actually have Title over this are of land then there should be no contest, BUT if the factor thinks that they own the land then there may be a problem? I would suggest that you re-measure the dimensions on your Title, and if you are positive you are correct you write to the factor and inform him of your intentions, asking them if there is any objection to your proposals, at the same time send to the factor a copy of your Title. that proves you are the owner of this area of land, at the same time asking the Factor to declare if he thinks he owns this area of land.

Hope this gives some food for thought?

Ken

 

[Jxta]

Thanks guys.

I realise now property factor was the wrong term to use, simply I pay factor fees to maintain general grassed areas and play parks which includes the area in question.

I'll check and confirm the measurements in my Title over the weekend and post back.

Thanks,
G

 

[Deleted2797112]

A couple of points. You don't mention how old these properties are - if they're relatively recent, it's possible that areas of verge and green space were designated as amenity land in the developer's plans which could be why it's being maintained by a third party. You should be able to get the plans from your Council.

Further, the position of your proposed fence is adjacent to what appears to be a public highway so you would be restricted to a 1m high fence under PD. If you wanted to go higher, you would need to seek PP. Looking at the plan, it's possible that the area has been planted with low vegetation to maintain sight lines for the what looks like a turning area/parking so installing a fence may not be acceptable to Planning.

 

[Jxta]

Hi Ceres,

Thanks for your reply.

The house was built in 2003. I will seek plans from the council as well as contacting the factor to get their view on the subject.

The vegetation certainly isn't low, or hasn't been maintained in this way. It provides no line of sight for the turning area, a 1M high fence would certainly improve this aspect.

Thanks,
G