I have breached Restrictive Covenant - what can I do?

Legacy_user

Hi
I have put up a 2ft high fence down one side of my garden - the side which runs along side my neighbour's garden. I then planned to plant some shrubs in front of the fence. I did this because I want to separate the properties and my neighbour keeps walking across my flower bed and lawn to get to their front door.

I did not realise at the time that the fence breaches a restrictive covenant. This disallows any shrubs, hedges, fences in the front garden. This was put in place by Wimpey in 1986. However, there are plenty of other houses in my street which have shrubs, hedges and fences (higher that mine) so I saw nothing wrong with it.

Obviously, I don't want to take down the fence. Nothing has happened yet about it. So can anyone tell me-

1. How would someone go about enforcing the covenant e.g. cost to them, length of time of process, chance of success?
2. What do I do now to protect myself?
3. Opportunities to end things through compensation?

This is stressing me out. My fault I know. I just looked at what everyone else had and decided to go lower and simpler but that may not be enough.

Thanks for any help.
J

glasgowdan

Is someone complaining? No idea why you're worried otherwise.

jbainbridge

I really wouldn't lose any sleep over it, especially if others have done the same. Nothing is likely to happen. What is causing you to worry?

System

I don't want to take down the fence to be honest. I just want to be prepared in case they get shirty. Not sure what my options are?

HouseBuyer77

Well if you've breached the covenant, you've breached the covenant so they could get you to remove the fence.

However the likelihood of this is extremely low. Only someone who has the benefit of the covenant can enforce it. Given it was done when the house was built in 1986 it may be whoever this is is unclear.

Generally builders put such covenants in place to keep the estate looking as they want it as they continue to build and sell. Once they're done with the estate it's unlikely they're going to come back and enforce anything.

The fact your neighbours have breached this all over the place without issue is a testament to this.

So in summary, don't worry about it

G_M

HouseBuyer77 wrote: »

Well if you've breached the covenant, you've breached the covenant so they could get you to remove the fence.
Correct - assuming 'they' are the beneficiaries of the covenant....

However the likelihood of this is extremely low. Correct
Only someone who has the benefit of the covenant can enforce it. Correct
Given it was done when the house was built in 1986 it may be whoever this is is unclear.
The benefit of the covenant passes with the benefitting land, not a person. So whoever now owns the land that originally benefitted could enforce.
If it was originally set up by the developer, ir could be that all the original development land benefitted, meaning that each person who subsequently bought a parcel of that land could enforce - which might include the neighbour.....

Generally builders put such covenants in place to keep the estate looking as they want it as they continue to build and sell. Once they're done with the estate it's unlikely they're going to come back and enforce anything.
Correct - unlikely the developer will enforce. But see above.

The fact your neighbours have breached this all over the place without issue is a testament to this.
or testiment that none of their neighbours cared. Of if they cared, they did not know they could enforce.

So in summary, don't worry about it

Certainly no need to worry. Worst case is the neigbour complains quoting the covenant and showing he benefts so could enforce. You then either

* remove the fence or
* refuse and see if he goes to court. But if he does, and wins, you coul be liale for both his, and your, legal and court fees.

But cross that unlikely bridge when you come to it.

Davesnave

So, you are worried that your neighbour will take offence at this, retaliate by reporting you to Wimpey, who will then send their Covenant Enforcement Squad over to give you a legal handbagging?

How likely is that?

Meanwhile, back in the real world, you may indeed have to contend with a reaction from next door, who will know by now that this blocking of what architects call a 'pathway of desire' is an entirely deliberate act.

I doubt if it will arrive in the form of a legal challenge, though!

If it were me, I'd be honest and say that I wanted to improve this area of garden. That's reasonable. Follow the fence with a bit of sensible planting; something prickly should suit.

konark

The restrictions on the covenant are pretty unreasonable in my view and may not be enforcable even if someone wanted to.

Rest assured thay Wimpey Homes (now Taylor Wimpey) would have imposed that covenant to prevent early house purchasers on the estate from doing anything quirky that might affect Wimpey's ability to sell the remaining homes they built. Once the last new house on the estate sold Wimpey stopped caring what you did with your garden.

Enforcing covenants, particularly ones you were not a party to, is an expensive and difficult business which requires expert legal advice. If your neighbour was ever to seek such advice, on the grounds that your hedge stopped him from taking a short cut across your property, the only advice a solicitor would give him would be to shut the door on the way out!