Whom can enforce Restrictive Covenants

1234

My neighbour is constantly complaining that rubbish that has blown in from street and landed on my driveway and then moved into theirs, expects that i clean up when it first lands on mine. I have suggested i can put a fence or bush on the boundary line to catch and i'll clean when necessary but they say we are not allowed to put up a fence.

I have restrictive Covenants preventing me placing any kind of boundary between my neighbour, be it a fence or shrub/hedge etc. 

Properties were built by George Wimpey & Co Limited in the late 1950s however, i cannot find trace of what happened to this company and whether they are Taylor-Wimpey of today or it was dissolved so that I could write to them and ask if they would enforce covenants and perhaps look at whether they would not enforce or agree to remove it.

Most properties on the street have low level fence or hedges, i intend to speak to those that have them to see whether they had this covenant removed or just ignored them.

If i decide to place a fence, can my neighbour enforce the covenant?

I've had a look at Companies house and unable to find any trace of them, those current Wimpey companies do not trace back to them. Does anyone know if they still exist/dormant or inactive?

Would appreciate the advice - thank you.

propertyrental

1234 said:

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If i decide to place a fence, can my neighbour enforce the covenant?

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I don't know as I can't read the covenant!

1234

propertyrental said:

1234 said:

....

If i decide to place a fence, can my neighbour enforce the covenant?

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I don't know as I can't read the covenant!

It states:

Not to place or erect any boundary walls or fences or any other erection or plan any hedges on any part of the wall of the said dwellinghouse and the front boundary of the land hereby transferred.

caprikid1

I believe these sorts of covenants were put in to maintain the look of an estate whilst it is being marketed in the early days / years.

Cannot see them caring now.

MultiFuelBurner

It is unlikely to cause issues unless your neighbour complains.

Also I wouldn't do it within 12 months of potentially selling I think over a year and you can get an indemnity rather than pulling down what ever you have put up.

Keep_pedalling

Your neighbour sounds like a right pain, he can either put up with rubbish blowing into his garden from your drive or let you but up a fence, what he can’t do is demand you clear blown rubbish from your drive the minute it lands, so I would tell him to the let me but up a fence or shut up about the rubbish. 

Slinky

It's over 60 years ago. Whoever built your house doesn't give a damn if you plant a hedge. Would perhaps be different if it was a neighbouring property owner who was still there, but a national housebuilder really really doesn't care.

Postik

I wouldn't be spending any money on putting a fence or bush up just as a mechanism to catch rubbish.

Also, how does said neighbour know the rubbish is landing on your property first?  If it's landing there and staying there for a week and then blowing on to his then perhaps he has a point - if rubbish were on my neighbours property for any length of time I'd expect them to clean it up before it blew onto mine.  If it's there for say a few minutes I don't know how they would know it landed on your property first.

ProDave

Tell your neighbour, look I have offered you a solution, I will put a fence there. if you are so petty that you are going to complain about the fence then I won't and there is nothing I can do about your problem with the rubbish.

andrewmp

1234 said:

propertyrental said:

1234 said:

....

If i decide to place a fence, can my neighbour enforce the covenant?

....

I don't know as I can't read the covenant!

It states:

Not to place or erect any boundary walls or fences or any other erection or plan any hedges on any part of the wall of the said dwellinghouse and the front boundary of the land hereby transferred.

The courts can enforce, if necessary.

The likelihood of a building company enforcing a covenant like that after 70 years is pretty low.

plumb1_2

can take the neighbours point of view. Maybe the op is a lazy git and leaves the debris there for weeks until it blows into the his side. Remember where just getting one person’s view.
Just  to add I have a shared drive and also there a convenant in place. That no walls, hedges etc are built. If they did build wall/hedge etc I’d knock it down, as I like it open plan. And maybe the op neighbour does too ?