Can Management Company Alter TP1 Without Informing Owners Affected?

Hi, I own and live in a freehold property in a small estate of 23 houses and 3 blocks of flats. The estate road is adopted by the local authority but the area is covered by a management company to which I pay a small annual fee. The only purpose of the management company for the freehold houses is that there is a culvert running under the estate and should this ever require repair all the owners of the properties are jointly responsible for the costs. There are no maintained communal areas or anything else the management company do for the benefit of the freehold houses.

I have owned the property for 12 years since new. My neighbour has recently decided that they want to fence an area of their land to the side of their property that has been unfenced since the property was constructed (to extend their back garden). At the time I purchased my property I was told (verbally) by the developer that the area in question would not be fenced as it provides a vision splay for me to safely access my garage which is in a separate block with other garages. A private access road runs adjacent to the area in question which provides access to 7 houses and 6 garages. The TP1 document contains 2 clauses which state this area cannot be fenced and there is also a clause which prohibits the erection of new fences in general.

Without any consultation with myself or any of the other owners the management company have given my neighbour permission to fence this area. They have told me that their decision is based on a clause in the TP1 which allows the Transferor to release, vary or modify any of the covenants within the TP1.

I would be grateful if someone could confirm if the use of the clause in this way is legal as it seems if it is that the TP1 is a worthless document as it would mean the management company can do what they want.

The TP1 states that the covenants are also applicable between every owner as well as with the Transferor. Surely then all the owners should have to agree to any changes? If not what is the point of the TP1?

I object to the fencing on the basis it will be a 6ft solid fence and will mean I have zero visibility when exiting my garage / rear parking space. I have said I would not object to a 1m high fence but obviously this would not give my neighbour any privacy.

I currently have a good relationship with my neighbour - my issue is with the management company for in effect deleting the restrictive covenants without any consultation and dismissing my safety concerns without even coming to site to discuss the issue.

Should the fence be erected I am confident that I can legally get it taken down again on safety grounds but this will involve a legal fight with my neighbour which I wish to avoid. I am however quite prepared to spend time and money fighting the management company so all advice on the best approach appreciated.

1 Answers

I would recommend you consult a property litigation solicitor such as Spire Solicitors on 01603 677 077.

Bear in mind a neighbour dispute can end up causing difficult relations, tension and be costly.

www.notaryexpress.co.uk