Whom can enforce Restrictive Covenants

propertyrental

caprikid1 said:

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.

Yes. Sometimes. Often even, especially on more modern new estates. But you cannot just assume this.

More information on the covenant needed. Who was it created between? Slinky said:

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.

Again, if the housebuilder was the beneficiary of the covenant (beneficiaries could extend to neighbours or even the entire estate - need the full wording), and the developer has vanished (died if an individual, taken over if a company.....) then the rights to enforce are inheritted by whoever took over.

Or even if neighbour is not a direct beneficiary, they could complain to whoever inherited the rights, who could enforce.

Now granted, I'm playing devil's advocate here. After 60 years these are all unlikely scenarios. But the blanket and apparently cast-iron assurances in some posts above need a little context.

secla

Just because its blown on to your drive before his how does that make it your job to clear up ? Doesn't become your rubbish as it touched your land first.

As for the covenant george wimpey are now taylor wimpey, the owners of the covenant are the only people who can enforce and as said builders are usually only bothered about the look of the estate when there still building there. Your neighbour can complain to the owner of the covenant but there unlikely to try and enforce it

Noneforit999

What sort of rubbish?
Is it really that frequent its become an issue?

Do you not exit your house often enough you can just see the rubbish and pick it up? If anything lands in our front garden (it rarely does), I just pick it up and stick it in the bin.

Sounds like a mountain out of a molehill here

plumb1_2

secla said:

Just because its blown on to your drive before his how does that make it your job to clear up ? Doesn't become your rubbish as it touched your land first.

As for the covenant george wimpey are now taylor wimpey, the owners of the covenant are the only people who can enforce and as said builders are usually only bothered about the look of the estate when there still building there. Your neighbour can complain to the owner of the covenant but there unlikely to try and enforce it

Maybe the freeholder can enforce it ? As most builders sell the freehold on after the estate is completed.

1234

Postik said:

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.

They are pretty anal that they stare out the window all day long.

plumb1_2 said:

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 ?

Not a shared drive, For example we are talking about that rubbish that has blown into my garden and then blown across that i have not seen in the space of few minutes/hours. I have no quarrels picking up litter even when it's not mine just to keep my place and street tidy.

They are doing my head in, they know i will clean it as i have said many times before but have to make an issue out of it each time.

ProDave said:

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.

This is probably next option.

caprikid1 said:

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.

This is what im hoping for, Most of the houses have something in between boundaries but i have good relationship with them so dont want to get them in trouble if he complains about me and developers wants them all to remove them.

TBagpuss

You could perhaps but a row of planters with something like lavender in, just on your side of the boundary? It would mark the boundary and probably catch some of the rubbish, and if it is in pots or troughs you aren't planting a hedge or fence as it can easily be removed.  

1234

TBagpuss said:

You could perhaps but a row of planters with something like lavender in, just on your side of the boundary? It would mark the boundary and probably catch some of the rubbish, and if it is in pots or troughs you aren't planting a hedge or fence as it can easily be removed.  

Great Idea. thanks.

1234

Noneforit999 said:

What sort of rubbish?
Is it really that frequent its become an issue?

Do you not exit your house often enough you can just see the rubbish and pick it up? If anything lands in our front garden (it rarely does), I just pick it up and stick it in the bin.

Sounds like a mountain out of a molehill here

Exactly! They are becoming neighbours from hell and beginning to complain about anything and everything. If i see it i pick it up and chuck it in the bin.

Rubbish can be plastic bags, crisps packets, sweet wrappers etc that have flown in by the wind or from draft created by passing cars (we live on main road).

I have suggested to put up a fence but they say we not allowed it's open plan. 

Divorcing_Dad

I think it's probably time to say to the neighbours next time they moan "Sorry, I'm not doing anything about it. If you want to create a formal issue over this, then good luck selling your house, because you'll have to admit it. If you mention this again, I will report you for harrassment and this could end up in court action"

I mean, what are they going to do? Take you to court? call the police? have the council round?