Covenant on Wall

Covenant on Wall

Postby daniel996 » Fri Jun 16, 2017 11:43 am

I am hoping someone can help me with a problem/query with a covenant on my front wall.
When i purchased my house it was owned by Tesco and they also owned a piece of land next door.
Originally the house had a 2m high wall which fronted onto the main road and footpath.
Tesco reduced the height of the wall and the brick column the gate was fixed too to a height of 50cm.
The covenant states that "i am not allowed to build or rebuild the wall" in this location.
They specifically state "the wall", i wanted to know if i would be ok reinstating the brick column which is effectively a gate post and then drop some wire trellis in between to grow climbers up to give some privacy?
When they removed the brick column the removed one side of the gate that was attached so i only have 1 half of the gate hanging.
Any help/advice would be much appreciated.
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Re: Covenant on Wall

Postby arborlad » Fri Jun 16, 2017 12:55 pm

A pair of gates indicates a driveway, is that the case?

How old is the house, is the wall the same age?
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Re: Covenant on Wall

Postby daniel996 » Fri Jun 16, 2017 2:23 pm

The House is 1930's and the wall predates this, i have attached a pic of the before and after of the wall and gate, to make it a little more understandable.
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Re: Covenant on Wall

Postby arborlad » Fri Jun 16, 2017 4:07 pm

Fairly certain the reason for the reduction is to do with sight lines and the safety of pedestrians using the footway when vehicles are leaving the property, this could be checked on-line whether it was a planning stipulation. Any wall or fence (including trellis) in that vicinity will be limited to 1m in height, measured from the footway.

Don't think much of the way they've achieved the reduction.
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Re: Covenant on Wall

Postby daniel996 » Fri Jun 16, 2017 4:30 pm

I know they did a bad job, the wall was 2m originally, i thought i read you could bring up to same height to what was originally there?
Also they only say i can't rebuild the wall, they didn't say i couldn't put a fence up etc which is why i was thinking about plants as this is different anyay.
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Re: Covenant on Wall

Postby MacadamB53 » Fri Jun 16, 2017 9:52 pm

daniel996 wrote:I know they did a bad job, the wall was 2m originally, i thought i read you could bring up to same height to what was originally there?
Also they only say i can't rebuild the wall, they didn't say i couldn't put a fence up etc which is why i was thinking about plants as this is different anyay.
you can't rebuild it to 2m - don't think you've read that anywhere reliable.
if the covenant does refer specifically to "the wall" only then you could indeed install a fence or plant a hedge.
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Re: Covenant on Wall

Postby ukmicky » Sat Jun 17, 2017 2:06 am

Its a restrictive covenant that will pass to successors in title and you have to abide by its terms if the terms are reasonable and make sense .Is that the whole wording because it doesn't say you can raise the wall only that you cant build or rebuild the wall" in this location which doesn't makes sense because it would mean you cant rebuild it to its current height if it were damaged or in disrepair which I doubt would be deemed to be reasonable terms and conditions and therefore may not be enforceable.

Having said that as someone previously said It was probably done to ensure you could see pedestrians passing as you drive out and may have been a planning condition so you may have the planners on your case if you raise any part of it which includes the post and as its a highway you would need planning permission to raise it to 2 meters if you so desired.

You can place a fence or grow plant there but If you attached a fence to the wall it would become part of the wall and could fall foul of the covenant if the covenant is enforceable. You could fix a metal post adjacent to the wall to enable the gate to be closed.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Covenant on Wall

Postby jdfi » Wed Jun 21, 2017 8:27 am

Surely the metal fence stops you from driving into your garage should you wish to?
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