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Restrictive Covenant: Neighbour's Summerhouse Issue HELP!

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  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 13 June 2018 at 4:43PM
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    I'd have my doubts you'll get anywhere on this one I'm afraid.

    In your position = I'd throw money at it. Translation being - I'd buy some "as mature as possible"/but won't get too high trees and plant them in the line of view in your garden. That should land up blocking their view of you after a couple of years (yep...I know...it is annoying - as you'd be the one paying the costs of this and you'd have to wait that couple of years or so before your trees got to reasonable size).

    I've done similar in my garden - ie bought the most mature (but not very large) trees I could get for the worst boundary of the garden and made sure they are fruit trees actually (ie so that I can get some reward for my effort/money at some point).

    Suitable trees can deal with a "multitude of sins". I learnt that lesson from my mother (ie when she spotted some 3 storey flats being built up behind her house). She just headed straight out and bought a couple of trees that would grow rather tall (not leylandii I hasten to add) and guerilla planted them there in the "line of sight" to block the flats view of her house (ie it wasn't even her land she planted them on LOL) - but fast forward many years and those trees are huge now. Job done! I'd hazard a guess those guerilla-planted trees are now around 30' - 40' feet high. Way to go mother LOL.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    Lizzie672 wrote: »
    @bouicca Yes this is from the original and was on the Land Registry summary I received. I think we will speak to our solicitor on if there is a specific set for our estate.
    It has presumably been (at the very least) varied in order to allow the residential development, so you'd better check what else might be in the deeds as you could be looking at something irrelevant.
  • shortcrust
    shortcrust Posts: 2,697 Forumite
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    Lizzie672 wrote: »
    We are currently trying to negotiate with her to reduce the height but want to explore every avenue possible, particularly when she keeps throwing not requiring planning permission back at us!

    I have to say that her response seem perfectly reasonable. The covenant aside, if I'd built something that met planning regs there's no way on earth I'd enter into discussions with disgruntled neighbours asking for changes, unless 'discussions' meant them throwing a shed load of money in my direction.
  • Doozergirl
    Doozergirl Posts: 33,813 Forumite
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    edited 13 June 2018 at 5:32PM
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    Beenie wrote: »
    I am not entirely sure about this, but don't sheds and summerhouses come under the classification of temporary buildings? No planning permission required and all that?

    No, I don't know where this temporary thing comes from. It isn't temporary. Temporary means temporary, not decades temporary.

    But we do have Permitted Development Rights specifically for outbuildings and the government sets those rules with maximum heights and sizes because they deem that they are perfectly reasonable.

    I wouldn't be negotiating with my neighbour over anything that fell within PD rights whether it was their build or my build.

    Even if it exceeded those limits, it's not to say it's not acceptable with planning permission.

    Trying to get someone to enforce a covenant to prevent something that the rest of us are allowed is a bit mean!
    Everything that is supposed to be in heaven is already here on earth.
  • Smodlet
    Smodlet Posts: 6,976 Forumite
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    The covenant sounds as if it bans the erection of a commercial building, not a "summerhouse"/glorified shed/Wannabe WAGs' retreat/whatever. "Nurserymen/florists" says selling plants and or cut flowers to me. Unless they have a sign outside advertising these, I think you are on a hiding to nothing, OP.

    As already suggested, put some trellis up and grow wisteria or something up it. Failing that, sneak into their garden in the still watches of the night and incite their gnomes to revolt. Better yet, plant gnomes with scale models of AK47s all pointing at this summerhouse... HTH. :D
  • z1a
    z1a Posts: 2,522 Forumite
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    Lizzie672 wrote: »
    @foxy-stoat The building width / depth is around 13m squared, which means it also isn't covered by any building regulation restrictions.

    We are trying to calculate if it takes up 50% of the garden area, but I would safely bet it's just under - these summerhouse companies sure know what they're doing, regardless of how unreasonable the location or scale !

    @AdrianC This is certainly an avenue we are also investigating and thankfully it's not too late to incorporate into the design of our own renovations - hoping that fence height restrictions won't restrict us from blocking it out or that the owner will do us the courtesy of allowing a slight increase in height under the circumstances. Might be worth a go asking the original developer if we can get hold of them as I have just heard from another neighbour that they were quite strict and had another property alter their shed so perhaps an avenue to pursue.

    Wow, 169 Sq. metres, that's a fair old shed.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    Unless it's actually 13m2, rather than 13m x 13m...
  • z1a
    z1a Posts: 2,522 Forumite
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    AdrianC wrote: »
    Unless it's actually 13m2, rather than 13m x 13m...

    Yep, I think she means that.
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