Restrictive Covenant - Fence

harvey115

Hahaha indeed, actually we have the most nicest looking garden in the whole of the estate. The greenest and full of flowers, we are even putting in more flowers for this summer.

I was a little nervous for the past couple of days before posting here, as to being unfamiliar with my rights. Now that all is clear at least I can sleep well, I let him do whatever he likes and not be bothered about it.

Apparently we did got a verbal permission before the work was started from one of the site managers when they were doing some work while on site. I called one of the Customer Services Director a couple of days back on the day I received this email from my neighbor. He said there are more important things to do than this fence and that our fence looks very nice. He said if we used the same fence as the rest of the estate it would have looked awful. So that explains the stance of the developer...

I was worrying for nothing, I thought anyone from the estate can enforce these covenants on us. Although a limited company has been setup by the developers for the estate of which we are all members of. Hopefully that does not change anything with this covenant.

patman99

Give it 10 years or so and there will be a multitude of fences of various types across the estate. None of them will have permission and the developer having sold-off all the houses and with no plans for further housing to be built, will cheerfully ignore all the whingers.

Covenants are placed by the developer when building a development in order to control the estate in such a way as to encourage the sales of the new houses.
Once the last house is sold, they no longer have any wish to enforce any covenants as there is no further need to.

da_rule

The limited company thing is interesting. I assume you're all shareholders of some sort. If so then it's nothing to worry about as the directors (the directors probably being the building company itself or the directors of the building company) would have to take the action not the shareholders.

harvey115

Yes we are all the shareholders and directors are someway or another related to the developers I assume this is pretty common exercise since you people are aware of the structure.

The way my neighbor wrote down to me was a little cheeky now that I have learned more about this on this forum. Showing as if all my actions were wrong and they can force me to do whatever they like. I told my colleagues about this and he sent me a hyperlink to this song (http://people.wku.edu/charles.smith/MALVINA/mr094.htm) which pretty much sums it all up.

moneyistooshorttomention

I would say the first thing you can do is to stop calling those bollards with chain between "a fence". They aren't a fence. A fence is a barrier made of wood. Whenever I think of a fence, I am visualising one of those standard fences made of wood panels.

The regulations specified "a fence". They did not specify "bollards with chain in between". Get your own terminology correct and keep denying that you have "a fence" there, because you don't have a fence there. End of...

peter3hg

moneyistooshorttomention wrote: »

I would say the first thing you can do is to stop calling those bollards with chain between "a fence". They aren't a fence. A fence is a barrier made of wood. Whenever I think of a fence, I am visualising one of those standard fences made of wood panels.

The regulations specified "a fence". They did not specify "bollards with chain in between". Get your own terminology correct and keep denying that you have "a fence" there, because you don't have a fence there. End of...

Chain link fence?
Barbed wire fence?
If the OP tries to claim it isn't a fence at all they will get laughed at.

Davesnave

The matter's settled, so no further discussion with the neighbour is necessary.

Controlling people want an argument. Don't give it to them.

mumcoll

We had a very similar issue some years ago. Our lawn was adjacent to next door's drive. They constantly kept driving over our lawn - the final straw was when they did this and drove over our bin bags, scattering the contents across the street. When I complained I was told that I shouldn't put my bins there then. (On the bottom of my garden for collection the next morning.)


We then had stone bollards and chains put in - all was well until they hit two of them and damaged their car (and the bollards). Then complained to the planning department that we shouldn't have them there! Bollards were not contravening any planning. Some people just have no idea.....

McBozo

also add your neighbour to your spam filter.

harvey115

Thought it would be plane sailing but does not seems to be. The developer has become a little restrictive and taking a political stand that we did not seek permissions from them before putting the Bollards up...

Just had a conversation with the developer, they are just asking the complaint to go the right channel (the limited company directors). So it seems like I am on my own and possibly just change the bollards with the other fence to make the neighbors stop moaning.

I am surprised the way this has gone, an owner of the house is not allowed to choose the fence/bollards to erect in front of their house... what a shame but than I signed the contract

I am usually not the one looking for quick and easy solutions so this dragging issue is making my mind melt, completely insane