Restrictive Covenant - Fence

KennethC

Well good luck and thank God the driveway is not shared with them. It does sound to me though as though you nasty neighbour needs driving lessons if (he she) cannot get int a driveway without driving over you garden

da_rule

Just tell the neighbour to go whistle (that'll help the relationship). He has no right to enforce the covenant. It is between you and the developer. If they want to enforce it that's up to them, but getting an agreement that they find the fencing acceptable and will not seek any redress from you should cover this. Each property should have the same covenant and each one is therefore separate. The developer is well within their rights to waive it for one person and not the other. If your neighbour has spoken to them in the same way he has spoken to you then I can see why they would say no to him. If you do get written permission your neighbour has no right to see it. Just keep it with all the other important documents relating to the house (if you can get them to mention in the writing that they won't hold you or any successor in title liable then that would be even more beneficial).

harvey115

excellent advice, thanks.

Yes both of the neighbors had many arguments with the developers from day one, on the other hand I am very happy with them and they know that as well.

Doozergirl

You've been given some good advice here, I just wanted to agree that I think your neighbour has their own personal issue which they are bitter about and dragging you into, and that they appear to have too much time on their hands!

The covenant affects only you and the developer, no one else.

dgtazzman

From what I understand, the neighbor can't enforce the covenant, he can only complain to the person/company that put the covenant in place, being the developer. The developer has decided to dismiss the complaint, so the neighbor can go fly a kite, there is nothing else they can do, save of being awkward neighbors, which they seem to be pretty good at.

I actually think those bollards match the fencing quite well, without being as high as fencing.

KennethC

I think that it is very much Q.E.D.

da_rule

Sorry to bump this up again, but where has your neighbour got this 'the estate must match' idea from? That is not what the covenant says, it merely says work can only be done with permission (although it does say permission should be sought first but if they're willing to give retrospective then this would probably suffice). It appears that your neighbour has either misinterpreted the covenant or he himself wants to live in a little model estate where everything looks the same, but that's not his decision to make.

Jenniefour

Davesnave wrote: »

As others have said, try to get permission in writing and ignore the neighbour. Even be pleasant to them and avoid being drawn into argument. There's nothing a control freak hates more than just being dismissed pleasantly.

Spot on - and don't forget to thank your neighbour for drawing this to your attention when you've got your written permission.

rosyw

Davesnave wrote: »

As others have said, try to get permission in writing and ignore the neighbour. Even be pleasant to them and avoid being drawn into argument. There's nothing a control freak hates more than just being dismissed pleasantly.

This is so very true! I have a neighbour who liked to think he could control everything that goes one, I have printed out copies of all the relevant documents and whenever an issue arose I just smiled sweetly and showed him. He's stopped now :rotfl:

Soot2006

Remove fence, replace with a couple of rusty old baths filled with soils and some pretty weeds. Joking of course, but some neighbours don't know how good they have it! ...