Restrictive covenants New build and mis selling of property

warby68

So open space per the plans but offloaded onto a plot to save maintenance? Craftily done as with no easy  access for you the assumption will be that its open land not your land to anyone that hasn't seen the title deeds.
It won't be just you OP who feels swindled - once you fence it in, it will be everyone else that bought nearby factoring in the look and lie of the plans/space. In the long run you might get your way as you do now own it but it wouldn't surprise me if there were lots of complaints to the builders who might feel its easier to push you quite hard than argue with 10 other complainants and possibly planners.
Bide your time might would be my advice and probably plant it up in a way that looks nice but discourages other use of it while you wait. 
You will struggle with he said/she said arguments when the title deeds and covenants were clear and what you actually signed. Sounds like the newbie's great idea of a new layout which you signed was knocked back - obviously it never made it as far as part of the conveyance. You are speaking to people with axes to grind and a solicitor who will probably have adequate defence so a long hard road pulling something together whereas the passage of time and builder gone might make it all easier, especially if time makes that bit of land look less attractive and better off fenced in.

AdrianC

Gtd said:

Also i can evidence that the complaint was made in writing to the solicitor at the time. But was never answered in writing, as I described the conversations with the now redundant sales manger. No resolution was ever sought I. Writing or otherwise apart from the verbal. So , if a verbal agreement so to speak, doesn’t stand up for me in relation to fence with the developer, neither would a verbal conversation with my solicitor. Also, I have spoken personally with the redundant sales manager yesterday as I have her number. She was very interested and I think she would help

I'm not sure you understand how the purchase legals actually work...

Your solicitor is the only person on your side. Their job is to go through the paperwork, ensure you're buying what you think you're buying, and to answer all your questions. You should not exchange until both you and your solicitor are happy that every I is dotted and every T is crossed.

Post-exchange, you are legally bound to the purchase in the form described in the contract.

Why did you exchange if you weren't satisfied with the information your solicitor had given you?
What possible "help" do you think somebody who used to work for the developer can give you, post-exchange?

You have bought what you have bought. You haven't been "mis-sold" anything. You didn't do your due-diligence fully, and didn't understand what you were buying.

That doesn't mean the covenant is a long-term show-stopper though...

ciderboy2009

Does the new fence match all of the other fences on the estate?

We had a similar thing when my parents bought a new build about 10 years ago.  When we fenced the land we made sure that we used the same company as the developers so everything looked the same.  The developers (Bovis) were ok with this as it looked as if it was part of the original build.

PerfectMess

Move the fence back, put a gate in it and plant up a hedge along your boundary to start growing. 

ssparks2003

AdrianC said:

Gtd said:

Also i can evidence that the complaint was made in writing to the solicitor at the time. But was never answered in writing, as I described the conversations with the now redundant sales manger. No resolution was ever sought I. Writing or otherwise apart from the verbal. So , if a verbal agreement so to speak, doesn’t stand up for me in relation to fence with the developer, neither would a verbal conversation with my solicitor. Also, I have spoken personally with the redundant sales manager yesterday as I have her number. She was very interested and I think she would help

I'm not sure you understand how the purchase legals actually work...

Your solicitor is the only person on your side. Their job is to go through the paperwork, ensure you're buying what you think you're buying, and to answer all your questions. You should not exchange until both you and your solicitor are happy that every I is dotted and every T is crossed.

Post-exchange, you are legally bound to the purchase in the form described in the contract.

Why did you exchange if you weren't satisfied with the information your solicitor had given you?
What possible "help" do you think somebody who used to work for the developer can give you, post-exchange?

You have bought what you have bought. You haven't been "mis-sold" anything. You didn't do your due-diligence fully, and didn't understand what you were buying.

That doesn't mean the covenant is a long-term show-stopper though...

AdrianC, is spot on. The time to deal with this was before it became your property. You have enjoyed the benefit of legal advice through the purchase process so there was no miss selling only miss buying. I would suggest that you will need to spend some time and a bit of money to unravel this mess, a conversation with an independent solicitor might be in order to see about lifting or varying the existing covenant