Who enforces Restrictive covenants?

00ec25

concernedseller wrote: »

On my last post I forgot to mention that I am currently in Halifax, NS.

this is a UK website, we cannot advise on Canadian law

wonderful_wend

Hi all,

I know I am hijacking someone elses post, but I have the same problem. I purchased a property several years ago, which had sold off some of its land as a building plot, and put several covenants on when the land was sold, i.e. "erect a cupressus hedge, and maintain it at 8ft ", "no building or other structusre whatsoever should be erected on the land without plans and elevations thereof being approved by the owers for the time being" to name but two.

My question is this:- My neighbour, which I do not get on with, and the feeling is mutual, has erected a shed on the land, without advising me, nor showing plans and elevations for me to approve.

I would like to know what the situation would be if I wished to enforce this restrictive covenant, and what the likely costs would be to enforce it? Also, when he comes to sell the property, would it be picked up that he has erected this shed in breach of the covenant, as I would assume he would say he had permission, when he certainly has not!!.

Any advice you could give me anyone would be much appreciated. I am not made of money, and therefore I need as much info as possible to make up my mind as to what to do.

NeverEnough

Do yourself a favour and don't go down the legal route unless you have a lot of money to burn.....sounds as if it will just be you against the neighbour and as such YOU will be bearing the court costs if you are going to bring a civil case to enforce the restrictions. Even if the covenant is quite correctly interpreted as you have said and the neighbour is in breach, there is nothing to guarantee that a court will find in your favour, or even if it does, that you will recover all your costs. Just like boundary disputes, this one can run and run and run......you could stand to lose thousands, even if you "win" the case. Is the shed such as issue, really? Perhaps it would be a better idea if you moved to a property without any restrictive covenants or annoying neighbours......if you find one let me know, I'll buy there too!!! Check your household insurance - you may be able to get a free consultation with a solicitor although boundary disputes and enforcement of these convenants are generally excluded from covering of legal costs (for obvious reasons, as there are so many and they are so expensive!!!)

wonderful_wend

Thanks for your reply NeverEnough. I hear what you say and totally agree that it can run and run etc. We dont have exhaustive supplies of money, but what is the use of these covenants if no-one can afford to take action without becoming bankrupt. The shed is not a problem, the neighbour is, and I agree, I would dearly love to move to a house with no covenants or neighbours, and if I find one, you will be the first to know about it, once I have moved in.

Thanks for your advice.

Richard_Webster

The shed is not a problem, the neighbour is,

You only make things worse by winding them up more even if you are in the right.

Ellen_Soden

I have a new query re restrictive covenants. We live on an estate built in the 1970s which has a number of restrictive covenants, including not parking caravans and camper vans etc on the estate and not causing a nuisance to neighbours. for the last year the family opposit us has parked a camper van in the public parking bay outside our house and now has parked in the same bay, right next to the camper van, a large van. Both are in front of our windows and are very intrusive. Does anyone know if we can get the restrictive covenants enforced to get these vehicles removed?

Richard_Webster

Who owns the parking bays - are they private or part of the highway?

Njm2910

Can anyone here help me please?

I recently moved into a brand new house which has a covenant that says vehicles must not park on the estate roads. I was happy to comply with this as the estate roads are very narrow and easy access and parking on my own driveway was of particular importance to me.

However I find that the neighbours on both sides of me and opposite me and not showing this covenant any consideration at all and because of the narrowness of the road are making access to my driveway to park my car very difficult and in some cases impossible.

I have complained to the developer as as far as I am concerned it is their clause and they should enforce it, otherwise what was the point in putting it in the transfer.

To make matters worse because the estate Isnt finished there are only temporary road surfaces and high kerbs. With these and the parked cars on the road, any attempt to access my driveway is causing damage to my car.

I should point out each house has a driveway which will take two cars

Can anyone offer me any advice please and am I within my rights to keep pushing the developer?

Thanks in advance