Restrictive covenants clause being used to remove cctv cameras

Marktheshark

How would a judge decide what substantial is .
It does not say fit anything it says as to affect substantially the external appearance.
Which I noticed those slapping you down removed that detriment.

Sometimes you have to stand your ground and fight.

I would write back asking for clarification which clause the believe you to be in breach of and quote said wording.
Then write back again and ask how they define"to affect substantially "

It's their money they will be paying to send solicitors letters.
Make it cost them a few quid.

nb73

Tell your neighbour that you are only filming their children to keep them safe. And that if you strike it rich when posting any footage on Youtube, you'll share the profit 80:20. Also tell them that the zoom feature has identified a cracked tile in their shower.

AdrianC

Marktheshark wrote: »

Which I noticed those slapping you down removed that detriment.

<sigh> Re-read them.

There are two relevant covenants.
The first says "Within five years, no change".
The second has no time limits, and says "You must ask permission for substantial change. We won't refuse without good reason.".

The first is the relevant one.

There is a third covenant, "No nuisance", but it doesn't sound like that's being invoked. Yet. That's probably the neighbour's next tactic - and one that's much harder to disprove.

11052016_user

let me remind you guys that the cameras are fitted to my house & zoomed to only see my work van & front door step. No one has asked to see the footage & instead are just instructing it to be removed on the grounds that the cameras alter the apperance of the building. Another resident has cctv but is not being asked to remove it as developer has not received any compaint!! Also the other covenants restrict clothes lines, sheds & sky dishes forward facing, all of which a small number residences have breached. I feel i am being treated unfairly due to an unknown neighbours complaint.

Marktheshark

Would this neighbour be a layabout that might be robbing your van by any chance ?

AdrianC

Them's the breaks.

They're also completely irrelevant - the question is whether you are in breach of your covenant or not.

dgtazzman

If I were you, I would be playing that card, asking for clarification why they feel you are in breach of the covenants when property X, Y and Z have clothes lines/CCTV camera's etc.

If they want to enforce the covenant on you, it's only fair they do a blanket enforcement. Probably won't make you popular, but the workload and cost might become so much for the developer they will just give up.

If somebody complained about you, nothing stopping you to do it about others and see what happens.

11052016_user

Ok thank you for all your comments, I think i will remove what i have installed & consider a covert installation therefore not altering the buildings appearance . But will also challange the delelopers & thier solicitors as to why i am being targerted when others are breaching too covenants too. Didnt want to be that person who complains about others and risk causing ongoing disputes with neighbours as cant be bothered with the agro... Thanks again for all your comments.

marksoton

11052016_user wrote: »

Ok thank you for all your comments, I think i will remove what i have installed & consider a covert installation therefore not altering the buildings appearance . But will also challange the delelopers & thier solicitors as to why i am being targerted when others are breaching too covenants too. Didnt want to be that person who complains about others and risk causing ongoing disputes with neighbours as cant be bothered with the agro... Thanks again for all your comments.

You sure you haven't p155ed anyone off. It's one thing for a developer to apply pressure but quite another for a neighbour to take the time to complain....

dc197

Regarding moving them indoors.
Do the cameras have active infra red night vision? If so installing them indoors looking through the glass windows might not work. The IR seems to reflect really well and all you can see at night is a grey glow. I tried this with mine.