Restrictive Covenant - Fence

da_rule

Don't change anything. Your neighbour cannot enforce the covenant. If the developers/the limited company that has now been set up want to enforce it then they will notify you, which will obviously give you a chance to address the 'breach'.

TBagpuss

It may also be worth writing to the developers to state;
1. You sought, and received, verbal permission before putting the bollard up (give the date, and the person involved, if possible)
2. You sought, and received, confirmation that the bollards were fine and that the developer was happy with the them, after the were installed (give date and person you spoke to)

Ask them to confirm that they are not seeking to retrospectively withdraw the consent which they gave and which you relied upon to erect your fence.

it may be that they are reacting to the neighbour because he shouts loudest, and that you pushing back a little will stop them giving way to him as it will no longer be the pth of lest resistance.

Don't be rude or agressive, aim for a slightly pained "I don;t understand why you are seeking to reopen this matter which has already been resolved" type approach.

If the neighbour cross because your bollards stop him driving on our garden, or is he cross because he feels you got something he wanted and was told he couldn't have? If it is the latter, it might help to tell him that if he now wants to ask the developer / management company for consent to put up a fence of his own you would support that.

Does he know you paid for the fence yourself? I wonder if it is sour grapes because he thinks you got a freebie from the developer and he didn't?

harvey115

Thanks guys for you amazing support and help. I think I am just too easy going and try to be nice to all.

The developer called me and said he is going to reply to my neighbor with the below points:
- I did not have any formal approval for bollards int he first place
- I addressed the concerns raised to the satisfaction of the developers
- The matter should have been forwarded to the company in the first place
- The developers will not d anything further, if still there are issues forward the complaint to the company directors

I said okay, because the above sounds reasonable as I did not ask for permission but suggestions from one of the on site staff when I was installing the bollards. So at this stage I do not have written permission from the developer or the company. I guess if I change the bollards with the fence of my neighbor's liking I still will not have a permission from the company.

I like the idea of 'da_rule', to leave the bollards as is and let the neighbor complain to the company. This way I will be able to at least get a written permission for a fence/bollard. I think the neighbor has no issues with the fence but with the design of our bollards (so picky, as if that can effect his house price and even if it does it will be positive as compared to the other fence).

I am just slightly nervous in case some sort of financial penalty comes my way when he complains to the company director's or something. I am certain speaking to the neighbor is not going to resolve the issue, he is very adamant on his view point and wants it o happen. I was wishing that he gets a big lottery win and leaves us in piece (trying not to think negative for him)...

Strapped

harvey115 wrote: »

Okay I will try to get something in writing to cover myself on this issue.

Although my neighbor is quite adamant on this issue and thinks the developer has no right to allow for this to happen??? Do you think I have to worry about anything as long as I have a written confirmation from the developers?

This is what my neighbor also wrote in the email:

My issue with the Developers is to understand why permission was granted in the first place if indeed it was and this leads to the following 3 scenarios:

1. Permission was not granted verbally or in writing The resulting construction is not in line with the covenants and therefore finding a retrospective agreement that is deemed acceptable to you and Developer is not the answer.

2. Permission was incorrectly granted verballyIf that is the case then you have a case for a claim against Developer for granting permission as a result of their employee exceeding his authority and at very least you should recoup your investment and re-do your fencing.

3. Permission granted in writing If that is the case then why did they grant permission as it has without any doubt altered the appearance of the Estate. This is also inconsistent with their stance with #4 where they insisted on the same style and finish. Developer have failed to provide me so far with their written permission prior to works being done and I suspect there is none.

Dear neighbour, I wish you luck with taking up your issue with the developers. Thanks for keeping me up to speed. Regards, F*ck You.

da_rule

Have you asked the developers to copy you in on their letter to your neighbour?

Whilst there can be financial penalties for breaching covenants, the first port of call will be to correct the breach of covenant. Unless you keep the house for 20 years then you may have to remove the bollards when you come to sell or provide the buyer with defective title insurance (which would in all likelihood not be available as the other side is aware of the breach).