Neighbour has threatened a solicitor over restricted conevant

Petriix

Basically what everyone else said: the covenant is not likely to be enforceable. Although it is vaguely possible that your neighbour benefits from it, they would also have to demonstrate some kind of tangible loss, which is unlikely.

However, there's really no point in having an unnecessary dispute so soon before selling. You have little to gain and much to lose by standing your ground. So, while nobody likes to be controlled by grumpy neighbours, it's probably best to just suck it up (not literally, just carefully remove it).

AdrianC

There are two questions...

1. Can they legally force you to remove it?
Probably no.

2. Can they make your life and sale a misery until you agree to remove it?
Undoubtedly yes.

Jessheg

Thanks everyone for your suggestions. The reason we put the little fence up was to show where the drive goes up to for people who might buy the house and it just looks better. I think we're more upset that she watched us put it up and didn't say anything until 3 days later when she verbally abused me and its really upset me and then even though we agreed to chat once her son was home she has gone and got a solicitor quote. We are going to take it down and we've looked and little plant pots and then solar lights in between and even a different colour stone on our part. Again thanks for your replies! 

Jeepers_Creepers

That sounds a bit like the Bart Simpson defence; "I'm swinging my fists, and if you happen to get in the way that's your fault."

The elderly neighb watched you for 3 days - almost certainly getting more and more worked up about it - and you didn't explain what you were doing or invite a friendly chat about it. When she 'blew', it was her fault. :-)

Ok, I jest to some degree, but you know what I'm saying.

As everyone else says, remove the fence or risk major hassle. Also, please do it with friendly humility - try and get a 'sorry' in there as you explain you hadn't realised there was a covenant about it, or that the lady would get so upset - it was never your intention. 

Mickygg

 Take it down, avoid a dispute, add some other edging such as small wooden border edgeing or plant pots or plant a few shrubs. You are looking to sell in 6 months so don’t get upset Life is too short just take it down. End of.

Davesnave

Jessheg said:

The reason we put the little fence up was to show where the drive goes up to for people who might buy the house

If that isn't obvious, then it must be two drives abutting, as I suggested it might be. Putting obstructions along the boundary in such a situation may make life more difficult, as there's often a need to step onto the other party's property when alighting from a car.

davidmcn

Jessheg said:

we've looked and little plant pots and then solar lights in between and even a different colour stone on our part. 

Surely that's just as likely to wind up the neighbour? I don't see a great need to erect a boundary feature if there's never been one before.

bob_the_dinosaur

Take them out, smile and apologise (albeit through gritted teeth)
If you are selling in 6 months then she won't be your problem anymore

GDB2222

Have you determined what her objection is about? A little trip hazard fence seems a dangerous nuisance, especially for the elderly. Marking the edge of your drive with a different colour might be absolutely fine all round. It’s a great shame that you didn’t discuss it first. It’s wise to discuss anything that affects the boundaries before spending time or money.

Incidentally, you currently do have a dispute, but I’m not clear whether you need to disclose it if it’s resolved by the time you come to sell.

GDB2222

https://www.lawsociety.org.uk/support-services/documents/ta6-form-explanatory-notes/

This says that you need to disclose this dispute even if resolved.