Help! Restrictive Covenant - Front Fence

AnotherJoe

TomTom3009 wrote: »

All aspects of the fence are on my own property and she doesn't have any rights over my land. The fence is 1m high.

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. She is just bitter as it's easier for her to get onto her drive if she drives over my driveway, just because she refuses to park any other way or to alter the shingle/rocks/weeds she has on the driveway.

Serious suggestion. Can you dig a ditch on your side. A foot wide a foot deep. Once shes driven into it once, she wont do it again

SevenOfNine

There are 8 restrictive covenants on a house we are selling. Our solicitor suggested applying for retrospective permission as it looked like one had been breached.

I pointed out that the other 7 were also breached regularly by most of the estate eg linear boundaries to the front of the houses (hedges/fences and the like), parking of works vehicles other than those considered 'light', SATALLITE DISHES....being the most ridiculous etc etc Therefore it would be impossible to enforce any of it.

Given that others on your estate have breached the fence thing & you may also have other restrictive covenants similar to ours which are also being breached, I'd do my utmost to accommodate her at the end of the driveway, so she can see, but that's it.

ashleypride

warby68 wrote: »

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

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.

The OP hasn't declared war, the neighbour has by threatening legal action. The OP has tried to help by replacing a panel and offering to alter the neighbours garden - this help was rejected. Why should the OP spend any more time, effort or money trying to assist a neighbour like that?

AdrianC

warby68 wrote: »

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?

If she really cannot manouvre on and off her drive without taking up half of the OP's drive, is she actually fit to drive? Or is she perfectly capable of manouvring, but just having a moan and using her disability as a handy excuse?

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

Seems to be the neighbour who's causing all the problems here.

pinkshoes

1. Do the covenants have an expiry date?

2. Who actually enforces the covenants?

Ours say that they stand for 21 years, and appear to be enforceable by the builder... The house is now 29 years old.

If your neighbour objects, then it is a long slog to have the covenant enforced.

Disability should be nothing to do with being able to manoeuvre a car. If she is not capable of this procedure, then perhaps she should not be driving?

rtho782

Maybe tell her you'll take the fence panel out, as she is threatening legal action, but that you'll also be putting up a CCTV camera and suing her for trespass if she crosses your land to access hers as she has no right of access!

warby68

ashleypride wrote: »

The OP hasn't declared war, the neighbour has by threatening legal action. The OP has tried to help by replacing a panel and offering to alter the neighbours garden - this help was rejected. Why should the OP spend any more time, effort or money trying to assist a neighbour like that?

I know - I was referring to some of the other posters' suggestions

I think OP has been taking the right track in trying to accommodate his neighbour.

Why should he try again? To avoid the war, because he has to live there, because it would be a real hassle dealing with or getting the currently broken covenant sorted out, because she might need some extra help to see reason/other options etc

She might well be an old bag who just wants (but doesn't need) her own way but I'm not picking that up really. If she genuinely struggles and this curtails her freedom in some way it isn't a nice outcome.

Dan83

TomTom3009 wrote: »

"no walls fences or hedges shall be erected made or grown in front of the building line and the position type and height of existing walls and fences between the enclosed rear gardens and the open plan part of the Estate shall not eb altered."

Take the fence panels out and leave the post's in. Let a few months pass then put them back, see what happens. It doesn't say anything about post's.

warby68

AdrianC wrote: »

If she really cannot manouvre on and off her drive without taking up half of the OP's drive, is she actually fit to drive? Or is she perfectly capable of manouvring, but just having a moan and using her disability as a handy excuse?



Seems to be the neighbour who's causing all the problems here.

Not really, the OP put up a fence where a covenant says he shouldn't so its hardly one-sided.

We really don't know what she is or isn't capable of but the above seems to be a fact.

If OP takes up some of the suggestions of ditches and car damaging rocks and CCTV cameras and trespass threats, it is hardly going to persuade her to ignore that 'fact' but something softly softly just might.

Dan83

Just an idea, if you end up taking the fence down, why not put a sign up saying something like “vehicles left at owners risk” the as soon as some on parks on your path, send the kids out with a football.