Restrictive covenants

Davesnave

James_Richard said:

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 

 This is the first mention of a time limit on the covenant and it probably alters the situation somewhat, especially from the developers point of view. Protracted negotiations + temporary compliance and non-compliance could take up most of that time and they probably have other fish to fry.