Restrictive covenants

James_Richard

davidmcn said:

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.

It already is a dispute just not sure how now they can not access my land there's an issue. Building control and NHBC would not have signed the plot off without ensuring the dimensions of the parking facilities were adequate and met the local authorities min. requirements. If there has been some huge mix up and their parking facilities are too small that is not down to a neighbour thats for the developer to resolve. For example if they were to buy an abnormally large car and it didn't fit on the drive who has to accommodate that? You cant just park it on someone elses land because you cant use your brain and accommodate your own car dimensions  

DoaM

Does the neighbour have space on their own land to get their bins out/in without needing to use your land? So it's merely a preference to avoid having to move their vehicle(s) in order to do so? If yes then tell them to do one (politely of course).  

James_Richard

DoaM said:

Does the neighbour have space on their own land to get their bins out/in without needing to use your land? So it's merely a preference to avoid having to move their vehicle(s) in order to do so? If yes then tell them to do one (politely of course).  

You've 100% hit the nail on the head but yet so hard for them to understand 

OldMusicGuy

James_Richard said:

You've 100% hit the nail on the head but yet so hard for them to understand 

OK, so what you have done sounds "reasonable". The problem is that if it does break any of the restrictive covenants, they might be able to get the developer involved to make you take it down. But the developer might not care. If the developer does get involved, they will first ask you to remove the fence so you would have to decide at that point if you want to comply or not. Up to that point, there's not much exposure to you (apart from annoyed neighbours but it sounds like you are at that stage with them already). 

James_Richard

OldMusicGuy said:

James_Richard said:

You've 100% hit the nail on the head but yet so hard for them to understand 

OK, so what you have done sounds "reasonable". The problem is that if it does break any of the restrictive covenants, they might be able to get the developer involved to make you take it down. But the developer might not care. If the developer does get involved, they will first ask you to remove the fence so you would have to decide at that point if you want to comply or not. Up to that point, there's not much exposure to you (apart from annoyed neighbours but it sounds like you are at that stage with them already). 

It was an error on my behalf for not reading the covenants but now I’ve been made away I have breached on there’s at least another 10 plus houses in my street all in breach of certain covenants. If the developer were to order me to remove my fence where do I stand in saying happy to do so once the other breaches have been rectified also. I surely can’t be singled out 

James_Richard

OldMusicGuy said:

James_Richard said:

You've 100% hit the nail on the head but yet so hard for them to understand 

OK, so what you have done sounds "reasonable". The problem is that if it does break any of the restrictive covenants, they might be able to get the developer involved to make you take it down. But the developer might not care. If the developer does get involved, they will first ask you to remove the fence so you would have to decide at that point if you want to comply or not. Up to that point, there's not much exposure to you (apart from annoyed neighbours but it sounds like you are at that stage with them already). 

It was an error on my behalf for not reading the covenants but now I’ve been made away I have breached on there’s at least another 10 plus houses in my street all in breach of certain covenants. If the developer were to order me to remove my fence where do I stand in saying happy to do so once the other breaches have been rectified also. I surely can’t be singled out 

DoaM

Not looked back to check ... is the developer still on site?

James_Richard

They are still on site just a few streets away. All houses on this street have been sold there’s 3 houses left to be finished up the road 

NeilCr

James_Richard said:

OldMusicGuy said:

James_Richard said:

You've 100% hit the nail on the head but yet so hard for them to understand 

OK, so what you have done sounds "reasonable". The problem is that if it does break any of the restrictive covenants, they might be able to get the developer involved to make you take it down. But the developer might not care. If the developer does get involved, they will first ask you to remove the fence so you would have to decide at that point if you want to comply or not. Up to that point, there's not much exposure to you (apart from annoyed neighbours but it sounds like you are at that stage with them already). 

It was an error on my behalf for not reading the covenants but now I’ve been made away I have breached on there’s at least another 10 plus houses in my street all in breach of certain covenants. If the developer were to order me to remove my fence where do I stand in saying happy to do so once the other breaches have been rectified also. I surely can’t be singled out 

Well. Yes you can

Sort of in the same way as if you are the only one of ten cars caught speeding - even if the other nine were going faster than you - that wouldn't get you off the charge.

Other than that OldMusicGuy - as usual - proffers sage advice. 

James_Richard

NeilCr said:

James_Richard said:

OldMusicGuy said:

James_Richard said:

You've 100% hit the nail on the head but yet so hard for them to understand 

OK, so what you have done sounds "reasonable". The problem is that if it does break any of the restrictive covenants, they might be able to get the developer involved to make you take it down. But the developer might not care. If the developer does get involved, they will first ask you to remove the fence so you would have to decide at that point if you want to comply or not. Up to that point, there's not much exposure to you (apart from annoyed neighbours but it sounds like you are at that stage with them already). 

It was an error on my behalf for not reading the covenants but now I’ve been made away I have breached on there’s at least another 10 plus houses in my street all in breach of certain covenants. If the developer were to order me to remove my fence where do I stand in saying happy to do so once the other breaches have been rectified also. I surely can’t be singled out 

Well. Yes you can

Sort of in the same way as if you are the only one of ten cars caught speeding - even if the other nine were going faster than you - that wouldn't get you off the charge.

Other than that OldMusicGuy - as usual - proffers sage advice. 

But by giving the developer the option it is everyone or no one can they be bothered with the hassle of chasing 10 people which will end in multiple disputes or for the sake of the remaining 8 months the covenant stands leave it be