Help! Restrictive Covenant - Front Fence

warby68

If the covenant says no fences then you are in the wrong, even if the practicalities of enforcement mean you are likely to get away with it (like your other neighbour possibly)

I'm assuming this is a 6ft fence given the visibility issue?

Can you see it from her point of view if she has a difficult life due to disability and just try and find some reasonable compromise?

Could the fence stop before the end of the drive and finish with a couple of low shrubs or a patch of gravel? Something like that.

There will be people who say you should do what you like on every inch of your own property but I actually value good neighbours, easy relationships and being fair more, as well as being thankful for our relative good health.

dc197

Could you erect a barrier that is not a fence, wall or hedge? Perhaps a line of 1-foot high rocks, for your "rockery"? This will keep the visibility (her happy), keep her off your drive (kids safe), keep her friends off your drive (you happy), and not breach the covenant (all happy)?

TomTom3009

No, the fence is only a 1m fence and currently has a trellis panel that is very easy to see through...

I also agree, compromise is a much better option and I will try and do this, but as I have now found out, she keeps changing her mind, and he she agrees to a panel coming down, will she then just carry on until it's all gone?!

And then she is back to driving across my driveway... Which I spose I just can't stop, especially now I've had the driveway done, no room to plant anything (Not that I'm allowed to do that either).

I will also post on Gardenlaw later.

Thanks for all the replies!

TomTom3009

Yes, that's the next option.

I was trying to find what technically constitutes a fence...? If I were to take out the panels and leave the posts, technically that's not a fence... Although that would look awful...

Mojisola

TomTom3009 wrote: »

I don't feel I'm being selfish, she has a full driveway of her own, she has most of it taken up by rocks and weeds that I even offered to alter for her if it would help.

I also changed the panel at my own expense so she could see through it.

You are being very reasonable - such a shame your neighbour isn't taking you up on your offer.

It's very unlikely that the covenant will be enforcable now, especially as your other neighbour has fences already in place. My parents had a house on an estate that was designed to be open plan but, after twenty years or so, people started enclosing their front gardens. It changed the look of the place but the house builder had no interest in what was happening.

TomTom3009

I've phoned the legal team of the original developers of the houses and they have no interest in it, and would not come to court, they said once they sell the new build houses, they then have nothing to do with them. But looking on other forums, that doesn't mean she still can't take me to court and fight against it, especially if she's getting a benefit from the covenant.

moneyistooshorttomention

superdudeo wrote: »

It's a legitimate concern she has. Covenants are there for a reason and should have been looked up before you did this.

Yes she can take it further and yes you could be liable. Have a sensible conversation with her, it's not her fault. You're being borderline antisocial and selfish.

Agreed:T

Basically - some of us take the view that we are responsible for our visitors conduct (I certainly do for instance). But - with the best will in the world - I've certainly caught out a couple of MY darn visitors going in for conduct re my neighbours that I disapprove of and wasnt able to step in and stop them in time.

Some visitors don't seem to appreciate that they must abide by the same "code of conduct" as the house-owner themselves - ie the house-owner doesn't trespass on a neighbours territory then their visitors must not do so either.

I've been thoroughly embarrassed by my offending visitors doing that and maybe the woman next door is in the same position and has also got it in mind to firmly tell her visitors in future not to do anything she disapproves of re the neighbours (in order to make sure that she is obviously "whiter than white and behaving properly" - so has every ground to complain if neighbours arent doing the same).

Cakeguts

You can always put flower pots or troughs between the two driveways. Just make sure that the are either cemented down or too heavy to move. I don't expect there are any covenants on having pots on your driveway?

Dan-Dan

moneyistooshorttomention wrote: »

Agreed:T

Basically - some of us take the view that we are responsible for our visitors conduct (I certainly do for instance). But - with the best will in the world - I've certainly caught out a couple of MY darn visitors going in for conduct re my neighbours that I disapprove of and wasnt able to step in and stop them in time.

Some visitors don't seem to appreciate that they must abide by the same "code of conduct" as the house-owner themselves - ie the house-owner doesn't trespass on a neighbours territory then their visitors must not do so either.

I've been thoroughly embarrassed by my offending visitors doing that and maybe the woman next door is in the same position and has also got it in mind to firmly tell her visitors in future not to do anything she disapproves of re the neighbours (in order to make sure that she is obviously "whiter than white and behaving properly" - so has every ground to complain if neighbours arent doing the same.

What on gods earth are you waffling on about ?

lincroft1710

The fact that she has difficulty in manoeuvring without using your drive is unfortunately for her, her hard luck, she has other options. There is nothing to stop you parking a vehicle tight up against the boundary, providing it is on your land, if she can't see out that is again unfortunate.

It is highly unlikely she would actually take this to court unless it happens that all residents of the estate are co-beneficiaries of the covenant.