Covenants - Planting a hedge

yoyoegg

Hedges are just aggro. To give any real privacy, you'll need to let them grow to 2m; if I was your neighbour, I'd be complaining well before they reached that height!

Land_Registry

As Fire Fox has implied the covenants are imposed by the original landowner, in this case the developer, for the benefit of the land which they own. As that land is then split and sold off the benefit stays with the land and passes to each new landowner.

As you will appreciate that can effectively mean a wide number of neighbours potentially, having the benefit of the covenants imposed by the original developer.

The Developer will often impose such covenants in an effort to ensure that their development remains 'as is' for a while whilst they try to sell every plot, house and piece of land. In open plan developments if the layout and feel of the development was changed too quickly then it was often seen as something which might put off buyers.

Having seen numerous threads and posts around this subject before much of the advice is to
a) take a look at what your neighbours have done - if fences, hedges etc have all gone up then the risk of someone objecting to your own efforts could be much smaller;
b) speak to your immediate neighbour over what you would like to do and agree on a way forward; and
c) make every effort to ensure that the perceived/agreed boundary line is adhered to

Experience also shows that if you end up in a dispute with your neighbours this can prove costly/stressful and is also something which may affect a future sale as such disagreements should be revealed.

So the bottom line is that a risk does exist as the covenants exist and if you break them someone who can demonstrate that they own land which has the benefit of those covenants could take action against you. Ultimately only a court of law has the power to pass judgement on such matters and whilst it is rare for these things to get that far it can happen.

Legal advice is always our recommendation although other threads and forums often refer to the option of taking insurance out against the risk of enforcement as the 'cheaper option'

Mallotum_X

Personally I would just plant and risk it, Persimmons are unlikely to want to enforce in reality. Plant something sensible, that your neighbour agrees on and keep it trimmed.

ValHaller

If the covenant is enforced, then you can scurry outside and dig the hedge out. Big deal.

It only becomes expensive if you decide to fight it.

OP, it seems you are already in the house, so the status quo of no hedge must have been acceptable. If you decide to go ahead, then don't fight too hard for it if there are objections, otherwise you risk a dispute you need to declare if you resell.

If you are buying, only go ahead if a hedge is a 'nice to have' rather than an essential

Furts

SallyG wrote: »

Why do developers love open-plan - who wants it?

Lots of reasons including;

It saves then the time of surveying and establishing boundaries, then the cost and supervision with building boundary walls.

Look at a 1930-1950 estate and many of the front garden walls were crumbling or cracking years ago. The bricks and foundations were unsuitable. Building such a wall requires thought.

Think of vehicles parked on paths - the door would open into the gardenwall.

Often is is not possible to dig a foundation at the back of a footpath - too many services compared with the 1930-1950 period.

And it makes the plots appear bigger!

The_Palmist

SallyG wrote: »

Why do developers love open-plan - who wants it?

I guess to create illusion. I have about 15 feet of open lawn whereas the houses on the other side have only 2 feet to the pavement. Personally I would rather have the space at back.

The_Palmist

Thanks Guys for all the input. To answer some of the questions.

1. I am not thinking leylandii or anything destructive.

2. Already in the house and I did quite like the open plan layout in the beginning and only now I realise that I get no sun in my north facing back garden and want to enjoy the sun in my front.

3. I can totally live with not having a hedge and won't be fighting any objection.


My neighbour next door has some sort of hedge but it is right outside her windows rather than on the edge of lawn. I am not sure if she is in breach of covenant but it does not bother me.

My neighbour on the other side has some hedges on the edge of his part of lawn. See attached picture.

Yellow circles are neighbours hedges. Pink and lines are my part of the lawn. Green is where I want the hedge i.e. between my lawn and footpath.

Mallotum_X

I would just do it and not make a fuss with anyone else.

The_Palmist

Mallotum_X wrote: »

I would just do it and not make a fuss with anyone else.

as in don't bother checking with neighbours?

The_Palmist

yoyoegg wrote: »

Hedges are just aggro. To give any real privacy, you'll need to let them grow to 2m; if I was your neighbour, I'd be complaining well before they reached that height!

Why would you complain, have a look at the pic I posted. I don't see how it would affect you at all.