Restrictive Covenants

Stevie1243

BobQ Its so hard to explain over messages. I was hoping I could upload a picture but it dosnt have the option to do that on this - unless u can tell me how to upload a pic.
I do own the land it's part of my front garden but to the left of my house.
(My garden wraps around my house in a U shape.)
I have a front garden directly in front of my front door, then it goes off to the sides - left and right.
The left side there is just grass and I would gain 10 foot in length by exstending the brick 'back wall' forward and adding in the extra bricks. Does this make any sence? I can't explain it any other way.

jlwhite

G_M why do you need to be so rude in your reply? This person has come here to ask for help as they have been ill advised and I'm sure with the benefit of hindsight they would do things differently.

phillw

OldMusicGuy wrote: »

- The developer visits the site and finds out. In our case, once the site was completed, we never saw anyone from the developer again. They have never been back in 20 years.

I'm sure their interest in enforcing the covenant evaporated as soon as the last plot exchanged contracts.

According to this it's not just the developer that can enforce it, your neighbors can as well.

https://www.trethowans.com/news/dont-just-assume-you-can-park-caravans-and-commercial-vans-on-your-driveway/

OldMusicGuy

phillw wrote: »

According to this it's not just the developer that can enforce it, your neighbors can as well.

https://www.trethowans.com/news/dont-just-assume-you-can-park-caravans-and-commercial-vans-on-your-driveway/

I would be surprised if that was the case. It would take a lot of time, effort and money on the part of the neighbours to bring legal action. In my case, the agreement is between me and the developer, not the other neighbours, so I'm not certain if they would have a right to bring a case against me (but I am no lawyer). I think it most likely that any annoyed would report it, like the OP could in this case.

[Deleted User]

Don't covenants have to say who benefits from them and therefore who can apply to have them enforced - separately from whomever the agreement is with?

AdrianC

Deleted_User wrote: »

Don't covenants have to say who benefits from them and therefore who can apply to have them enforced

And that will be the developer of the estate. Asking and being rejected then doing the work anyway, turns it from being a sin of omission for not asking, into a sin of commission...

It's an absolutely common covenant on estates. The developer won't be interested once the estate is fully developed and sold, they just want a consistent look while they're still trying to shift new-builds.


Will they go so far as enforcing through the court? Probably not. But do you feel lucky...? You can bet there will be increasingly legal snottograms, at the very minimum. How badly do you want to sour the relationship for resolving any workmanship issues on the property...?


So this wall you want to move is just a divider at the side of the house between front and rear garden? It's a brick wall, rather than a fence?

G_M is right about the solicitor. A solicitor cannot work for you on the purchase without being instructed. The fact that the developer offered to pick the tab up doesn't change who the solicitor's client actually is. It is always a conflict of interest to use the vendor's recommended broker or solicitor - why do you think the vendor are happy to pay them...?

Sachs

Do you have a title plan that clearly and unambiguously shows that the land you are seeking to enclose is yours?

Has the Developer finished building houses on the estate? If not I would recommend waiting until they have. It's highly unlikely a developer would care enough to enforce once they are finished but if they are still selling houses and they think what you have done has a negative impact on the estate you can bet they will take you to court.

Could any other neighbour consider what you are proposing be a negative and could they care enough to spend time and money to stop you?

Worst thing that anyone can do is make you take down the wall you build.

aliby21

I can't picture the layout of your plot, but also worth considering whether moving the wall will have any impact on site lines / visibility in relation to roads. I had one house where there was a covenant about not planting a hedge along the front, this was imposed as part of the planning consent because of concerns over restricting visibility for neighbours' drives. So in my experience covenants are not always just about developers wanting to maintain a uniform look till the estate is finished.

Grezz24

Having recently bought a new build ourselves when you get sent the forms from the solicitor did you read them?

the TP1 form i believe its called outlines all covenants, both restrictive and positive and you are then asked to sign to say you agree/understand, so im surprised this is a shock to you.

D7895510

Stevie1243 wrote: »

(the part where we are wanting to move the wall isnt next to any land or persons garden or anything to do with the developer it's just a electric bricked unit (around 3 foot away from my property. The persons house further along at the opposite side of this small electrical substation unit has their garden wall further forward than us).

There is a very good chance the developer has said no because you’re close to the substation and the electricity cables cross the land you want to move the wall to, it is not uncommon for the electricity company to place restrictions on land that is 1.5m either side of the cables, AND a further 1.5m just to be sure there is enough room to work and for excavation of the cables if they ever need repairing / replacing.

Before you do any work, double check your transfer or lease plan,


https://www.linesearchbeforeudig.co.uk

The above link will help you see approx where any pipes wires and cables are surrounding your property and will hopefully assist.

Cheers