Household Covenants - New Build < 2 years

Sharp1986

Maybe, I just need a dose of reality so I thought I'd post on here. 

Basically we moved into a new build property little over a year ago. Our reasoning for doing so was because we like the ease of the new builds, all pretty much already set up, newer so easier to maintain for the next ten years whilst we're busy at work, the aesthetics of the new builds appeals to us and the fact that they all look the same whilst not most peoples cup of tea is actually what we want at this moment in life. 

Within the last 6 months our neighbours have opted to change the grassed area in front of the house, they've put down Yorkshire cream gravel (I think, but basically that colour) and it completely doesn't fit in with the rest of the street, we are the last on the estate with some people being on 3 years, no other front of house has been changed other than this one. It doesn't look good in the slightest - they are slightly older so garden maintenance could be considered a factor but that's not the case considering they are into gardening. They literally don't like anything about the new build and want it to have character (the opposite reason of buying a new build). 

They've also chosen to adopt some land that definitely isn't theirs, the management company refuse to discuss it with me but the neighbours even told me they'd land grabbed, they'd done it because they don't like the size of the drive way (we all knew the size of the drive ways before buying). 

At the time I wanted to say something but my partner sort of persuaded me not to as we don't have any rights. 

Anyways fast forward several months and the same neighbours have had the developers put a tree in the back garden smack bang in the middle which will now obstruct my views (one of the big house selling points), especially the more it grows, the plans show the tree in the corner of the gardens which would be absolutely fine so I don't understand the rationale by the developers to agree. 

I am completely torn by it, part of me knows / thinks that anyone should be able to do anything to their own property that they wish but then part of me is gutted that some key reasons for buying this place have been eroded away (it wasn't cheap in the slightest for me). Another part of me thinks / worries that this could just be many of a number of issues I'll have with this neighbour, the neighbour has battled with the developers from day one often trying to get other residents to join in, I'm baffled as to why they've bought a new build as they hate everything about the cardboard box no characteristic style of houses, they've even mentioned adding trellis boards to the top of the fence at the back for extra privacy which will completely destroy the valley style views - it's baffling as these are all the selling points - I don't even want to consider the selling appeal loss when comparing my house to others on the estate that have kept features and views, I wouldn't opt for mine over the others now. 

What I now know is the covenants of the property stipulate that the grassed areas at the front should be kept grassed. 

I'm just wondering how to deal with it. 

Do I

A) Use the covenants and try and get the front sorted
Use the covenants as leverage with the neighbour in order to request they move the tree to the corner
C) Try and have the hard discussion and just explain my feelings and see if they'll move the tree 
D) Just let it go and accept it, their property let them do what they want. 

Also, the problem with the adopted land is if down the line they decide to create privacy from the left of their property they could potentially put hedges up on the adopted land which would ruin the view from the front (we're next to a load of farmland looking in the distance to a village).

Am I being precious? 

Postik

Option D.  If this is all you have to worry about with a new build then you got off lightly.

They put cream gravel down and it looks naff - but it's their house and their choice.  The only person that can stop them is the developer and I doubt they care now they've sold the last house.  With that in mind, the covenant is as good as being non-existant, and if it was non-existant you wouldn't even be questioning it.

If my neighbours decide to have naff garden gnomes in their front garden or park an old banger on the driveway with no wheels, whilst I wouldn't be happy, it's their property and none of my business really.  Some of the houses on my estate have dug up the grass and planted flowers or put down fake grass.  Whilst it's not to my taste, it's not my house.

Same goes for the tree really.  They can plant what they like where they like in their garden, there's not much you can do about it.  My old neighbour planted big trees in his front garden which blocked the view of my driveway and car, whilst still allowing him to see his own driveway and car.  This really irritated me, but I just had to learn to live with it.  Aside from that they were great neighbours and I really appreciated that.  If your neighbours were having drug fuelled parties every night, leaving trash littered all over the street or banging random females night and day (I've known someone on a new estate that did all 3 of those things) the cream gravel and tree would be the least of your worries.

Regarding the land grab, if the land wasn't yours in the first place then it doesn't really affect you.  It sounds like the management company are aware of it, so it's up to them whether they take action or not.

Finally, regarding views, I know it can probably be disappointed to have a great view and then have someone plonk something in the way of it.  But to put it into prespective, there was a road where the houses overlooked fields and farmland.  Then the estate where I live got plonked right in front of it.  Imagine living there for 20 years with that view, only for a new build estate to suddenly appear from nowhere and now you are overlooking someone's new house.  Ironically, some of the new houses are now overlooking fields and farmland, so they have effectively stolen the view.

Yes, I think you are being incredibly precious :-)

theonlywayisup

Sharp1986 said:

I'm just wondering how to deal with it. 

Just deal with it.  Accept you are getting wound up (and very precious yes) about something that is beyond your control.  It should not even factor on your radar. 

Doozergirl

Next door doesn't belong to you.  As the saying goes, if you want to keep the view you have to buy it.  

People buy new builds for as many reasons as there are people and one of those reasons is to put their own stamp on it.   It might be the opposite of your reason, but it's perfectly normal behaviour. It's just a fact that cannot control people - everything others do is out of your control and it's a waste of good energy to attempt otherwise.  

You need to find something to occupy yourself with that is your own focus and your own business.  

Section62

Postik said:

....The only person that can stop them is the developer and I doubt they care now they've sold the last house.  With that in mind, the covenant is as good as being non-existant, and if it was non-existant you wouldn't even be questioning it.

The highways and the planning departments of the local council could also have a say in what people do with their front gardens, and it is possible one of the covenants has been imposed by the developer because the council wanted them to.

It is also a bit of a myth that developers don't care about covenants once they have sold the last house.  Some don't care, some do. There is no certainty, at least not enough to take the view that the covenant "is as good as being non-existant" - especially as these are recently built properties.  In 20 years time the position may be different.  Also, the covenants imposed on new build properties aren't always for the benefit of the developer (alone), other parties can be beneficiaries too.

You could be right in the OP's case, but it is important people don't go away from this thread thinking new build covenants don't matter and can be ignored.

GrubbyGirl_2

You've clearly got to the point in your own head that you don't like this neighbour and it's causing you personal grief.  You're getting to the point where you'll dislike anything they do because of the way you feel about them.  Try putting your feelings aside and make friends with them because trust me you'll feel better if you do and you'll find them much more amenable to your feelings.  I get on really well with my neighbours and my next door neighbour has a big bay tree at the end of their garden.  He came and talked to me because he was contemplating having it cut down because he was worried about the neighbour behind us as it would taking a lot of light out of their garden.  He asked my opinion first and although the tree was good for us as it stopped the neighbour behind looking into our gardens I agreed that it was probably not good for their house behind.  Just by being a good neighbour he chatted with the neighbour behind and he in fact liked the tree and asked for it not to be taken down so it was a result all round and everybody was happy.

What I am trying to say is if you have a good relationship it wouldn't have been a problem to point out that the tree would block your view and a good neighbour might consider putting it somewhere else.  

diystarter7

Hi OP

I will be more polite than some of the others but I do agree with their point of view

It's their garden and falling out with next door, even if its not handbags at dawn every day, life can become misrable.

Live and let live, IMHO

Thnaks

Sharp1986

Section62 said:

Postik said:

....The only person that can stop them is the developer and I doubt they care now they've sold the last house.  With that in mind, the covenant is as good as being non-existant, and if it was non-existant you wouldn't even be questioning it.

The highways and the planning departments of the local council could also have a say in what people do with their front gardens, and it is possible one of the covenants has been imposed by the developer because the council wanted them to.

It is also a bit of a myth that developers don't care about covenants once they have sold the last house.  Some don't care, some do. There is no certainty, at least not enough to take the view that the covenant "is as good as being non-existant" - especially as these are recently built properties.  In 20 years time the position may be different.  Also, the covenants imposed on new build properties aren't always for the benefit of the developer (alone), other parties can be beneficiaries too.

You could be right in the OP's case, but it is important people don't go away from this thread thinking new build covenants don't matter and can be ignored.

Appreciate the response. I was feeling like the covenants don't matter. 

I understood the responses in the thread, my guess most will be by people who live in older houses. 

Whilst, I also understand the "you don't control what your neighbour does" argument I'd like to counter that with a point that there is precedence for things like this (whilst admittedly slightly different but similar), councils will not allow shops to change shop fronts in order to keep in line with the high street, this is a similar thing, all the new builds look a certain way, this is a feature, the covenants I would assume are put in place because of this. 

Don't get me wrong, if this was five years down the line I wouldn't give a monkeys as that would be understandable, it's because it's so new, it's completely changed the look of the street. 

Sharp1986

diystarter7 said:

Hi OP

I will be more polite than some of the others but I do agree with their point of view

It's their garden and falling out with next door, even if its not handbags at dawn every day, life can become misrable.

Live and let live, IMHO

Thnaks

I understand this, I do think we're already in for a tough time with this neighbour. They've already fallen out with the people on the other side of me and made a few remarks to me to try and get me on side but I've been passive and tried to stay out of it. 

Sharp1986

GrubbyGirl_2 said:

You've clearly got to the point in your own head that you don't like this neighbour and it's causing you personal grief.  You're getting to the point where you'll dislike anything they do because of the way you feel about them.  Try putting your feelings aside and make friends with them because trust me you'll feel better if you do and you'll find them much more amenable to your feelings.  I get on really well with my neighbours and my next door neighbour has a big bay tree at the end of their garden.  He came and talked to me because he was contemplating having it cut down because he was worried about the neighbour behind us as it would taking a lot of light out of their garden.  He asked my opinion first and although the tree was good for us as it stopped the neighbour behind looking into our gardens I agreed that it was probably not good for their house behind.  Just by being a good neighbour he chatted with the neighbour behind and he in fact liked the tree and asked for it not to be taken down so it was a result all round and everybody was happy.

What I am trying to say is if you have a good relationship it wouldn't have been a problem to point out that the tree would block your view and a good neighbour might consider putting it somewhere else.  

Absolutely not, the dislike feeling has come about post changes not the other way around, and I wouldn't even say it's dislike, just disappointment. Oh and from day one we've gone out of our way to be friendly with neighbours as that was one aspect of the new build we were hoping for, a sense of community. We've literally gone out of our way to be nice. 

Do you see the difference in what you've said, your neighbour came and chatted to you. At no stage as this neighbour done this other than to complain about my other neighbour or try and get us on side to argue with the developer about a few things. If they'd have asked me about the front I would have explained my concerns and it may have meant they still get it done but at least a conversation would have happened, same with the tree, it's the complete disregard.

Sharp1986

Doozergirl said:

Next door doesn't belong to you.  As the saying goes, if you want to keep the view you have to buy it.  

People buy new builds for as many reasons as there are people and one of those reasons is to put their own stamp on it.   It might be the opposite of your reason, but it's perfectly normal behaviour. It's just a fact that cannot control people - everything others do is out of your control and it's a waste of good energy to attempt otherwise.  

You need to find something to occupy yourself with that is your own focus and your own business.  

Since when do people buy houses on new build estates that are all carbon copies of each in order to put their stamp on it. Most people know that there is little you can do on the outside of a new build in the first several years of ownership. 

Also, whilst stating that I can't control my neighbour you are 100% correct but that's why law and covenants exist surely, so I don't have to? 

How my private road looks is my business is it not? Am I not merely talking about exercising my rights?