Help! Restrictive Covenant - Front Fence

MataNui

Have you seen the covenant? There was one in place for the estate i live on but it was time limited (20 years). Perhaps yours is the same?

Either way i wouldnt put up with her driving over my drive either (let alone her friends parking on it). I would do as other suggest and concrete in a large rock right on the edge (so she cant cut the corner) and some small conifers in pots or something like that for the rest of the boundary.

TomTom3009

That's the thing, I'm not sure as it's an 'open plan' estate (even though it's not now really) whether everyone benefits from the covenant. But it's only her complaining.
Yes I've seen the covenant and unfortunately it's not got a time or expiry on it! :-(

stator

duplicate duplicate

rtho782

As other people have said, you have other options, and can put other things on your land that would not be covered by the covenant.

I'd probably point out to her that if she really wants to make a fuss, you will remove the fence, but you'll put a rockery/flower trough/parked old banger in it's place. Maybe this will make her give up.

dc197

Re: The twenty-year limit on covenants, are people getting confused? It is not that the covenants expire after 20 years, it's that if you have been breaching a covenant for 20 years you will no longer be in trouble for it.
This covenant has existed for 40 years but the BREACH has only existed for 1 year.

stator

If you look at the documents filed with the Land Registry it should say who the covenant is between in the wording.

Mojisola

If this ever got as far a court, a judgment would be made as to whether the restriction ought to be deemed obsolete because of changes in the character of the property or the neighbourhood. As other houses have enclosed their front gardens with fences and hedges, the covenant would probably be discharged.

ashleypride

superdudeo wrote: »

It's a legitimate concern she has. Covenants are there for a reason

What reason is that then? I am pretty sure it is not related to helping disabled neighbors who are unable to drive around static objects.

superdudeo wrote: »

You're being borderline antisocial and selfish.

So the OP places a fence up, after discussing with neighbour. After the neighbour complained, she replaced one of the panels with a trellis panel. The neighbour is now is bringing up an largely irrelevant covenant, and threating court action because they cannot drive. How is the OP being antisocail and selfish exactly?

glasgowdan

This is one of those that's, in reality, not worth spending too much time thinking about. You've got a fence up. Leave it. She can deal with parking using her own land. She doesn't sound like the sort of neighbour I'd waste time trying to be pally with.

If the fence gets whacked by her car, get a couple of huge ornamental boulders; 2-man lift ones, and smack them down with some rockery plants. This would be far worse for her than a fence as she won't be able to see when she's about to crunch her car against them, and she's unlikely to be able to move or damage them. It's your land, your life, your stuff.

warby68

Wow! Just wow. You're a vindictive lot.

If I could make a disabled person's life a little easier I would try to oblige.

Do you really mind your neighbours driving over a tiny bit of your drive?

I get that its tricky now the deed is done with the fence but surely no need to declare war just yet.