Restrictive covenants

James_Richard

Hi, 

Has anyone had any experience of breaching a restrictive covenant (external building within first few years of purchase, installing a Tv dish, parking a commercial van on the estate etc etc) if so what were the repercussions from the developer? I may have breached one of mine unknowingly and worried about the possible outcomes. 

If anyone has any advice that would be great. 

Thanks, 

Rich

OldMusicGuy

Generally developers don't care once the development is completed, they are just trying to keep things "nice" while houses are unsold. If they do take action, they would first ask you to stop breaching the covenant and put right what you did (take down the satellite dish or extension or whatever). They might then go legal by getting an injunction to stop you and maybe try for compensation.

I breached several covenants on my last development (only fairly minor though) and no-one cared. Once the development was complete we never saw anyone from the developer ever again, and the property management company had no idea about the restrictive covenants.

Neighbours can sometimes get upset about these and so it can cause disputes and unpleasantness. I don't know if neighbours can take legal action to enforce them (probably unlikely due to cost anyway) but they could try to get the developer/property management company involved.

What is the status of your development and what have you done? 

Davesnave

James_Richard said:

I may have breached one of mine unknowingly and worried about the possible outcomes. 

So worried, you can't even tell us what it is?

You'll get more from this forum if you give specific information in your post.

  

[Deleted User]

  We did the week we moved in. Apparently not allowed chickens, a caravan, a boat, a garden wall or fence, works van, live stock. 

 I installed a fence with gate in the first week. Had to son with autism who can be at risk. That was 7 years ago, not a peep from anyone about it. 

RelievedSheff

We moved onto a new build estate last year. The developers are still active on site.

From where I am sat now I can see several breaches of covenant that have not been queried by the developers.

As examples commercial vehicles parked on drives, front gardens relandscaped, TV aerials and satellite dishes on plot frontages, livestock (chickens), 

James_Richard

apologies for not being specific I erected a fence along my boundary in order to extend my driveway to fit 3 cars on. All work was Carried out within my red line boundary and now a neighbour has complained as they like to use my land in order to get their bin, bikes, grass cutter out. Fail to see their issue as if we are going to be picky they are trespassing every time they step on my land and have done for the last year. 

RelievedSheff

Can you not approach the neighbour and point out to them that this is your land and they are trespassing by using it?
I can't imagine the developers will be too bothered to be honest. 

OldMusicGuy

James_Richard said:

apologies for not being specific I erected a fence along my boundary in order to extend my driveway to fit 3 cars on. All work was Carried out within my red line boundary and now a neighbour has complained as they like to use my land in order to get their bin, bikes, grass cutter out. Fail to see their issue as if we are going to be picky they are trespassing every time they step on my land and have done for the last year. 

What does the restrictive covenant say? Are you not supposed to erect a fence? If you are not, the neighbour could report you to the developer and try to get them involved. This sounds like it could lead a dispute with a neighbour which could get unpleasant. You might also want to check that there is no provision for neighbours to do things like pass over your land to move bins etc. 

Also, are you familiar with trespass laws? You would have to bring a civil case to try to get this stopped and it certainly doesn't seem unreasonable for neighbours to walk over your land to bring their bins to the front of the house. OK if they are being a pain and maybe damaging your car or similar then that's not acceptable but if they are reasonable I think you would have trouble enforcing this.

Best resolution would be to try to settle this amicably with your neighbours.  

DoaM

Are you absolutely sure they are trespassing? Have you checked both yours and their deeds to see if there is not a right of way to pass and re-pass in order to access the rear of the property and do things like take out/in bins?

davidmcn

OldMusicGuy said:

James_Richard said:

apologies for not being specific I erected a fence along my boundary in order to extend my driveway to fit 3 cars on. All work was Carried out within my red line boundary and now a neighbour has complained as they like to use my land in order to get their bin, bikes, grass cutter out. Fail to see their issue as if we are going to be picky they are trespassing every time they step on my land and have done for the last year. 

This sounds like it could lead a dispute with a neighbour.  

It sounds like it already is a dispute with a neighbour.

James_Richard

Sorry I should of mentioned there is no right of way, no shared paths on the deeds nothing which would allow them the right to use the path. The issue stemmed from car doors being knocked and with the driveway getting extended the fence was a method to prevent exposing the cars to any damage which to me is not unreasonable.