Looking for advice on a neighbourhood covenant. Thanks

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Happymum
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Joined: Tue Jul 17, 2018 2:12 pm

Looking for advice on a neighbourhood covenant. Thanks

Post by Happymum » Thu Aug 09, 2018 8:15 am

Hi, I am hoping somebody will be able to offer me some information or advice. Just over a year ago, without any warning we returned from a week end away to find our neighbour had staked out approx 2 foot of our front lawn (that runs along his drive and adjoins ours about a meter from the bottom) with pegs and string, no explanation he just did it. I went round to ask why, as my husband was fuming and I thought it best he didn't go, I ended up being upset and left him shouting abuse at me. Anyway, we contacted a Solicitor who said the plans were not very clear and just as a guide, it was basically just a thick red line drawn around a not to scale plan. This neighbour is an Architectural Engineer so has more understanding on these matters than we do. Eventually we decided the land was not worth fighting over and relented to his pegged out area, but not the tall shrubs that edge our drive and his where they come together to form a 'V' (hope that makes sense) He hasn't touched this area for over a year and it basically became very overgrown and a mess but this week he has decided to dig it all out, going a little over the agreed line, but he has now reached the shrubs and I am expecting them to be removed any day what can I do to prevent this?

ALSO

The houses we live in are detached, on an estate and about 30 years old. There is a Neighbourhood covenant on them put in by the builders who have since gone bust in 2009. Nobody seems to police this covenant as people all over the estate have put up fence's, hedges, park work vehicles, run business's, have built conservatories etc. Would anybody know if we planted a hedge he could use the covenant or would it not be valid now in the circumstances. I have had it suggested to me to plant bamboo as this is not considered to be a hedge but is great for screening is this also correct. Sorry lots of questions here thanks again, and I'm sorry if this all sounds rambly.

MacadamB53
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Re: Looking for advice on a neighbourhood covenant. Thanks

Post by MacadamB53 » Thu Aug 09, 2018 9:18 am

Hi Happymum,

Would anybody know if we planted a hedge he could use the covenant or would it not be valid now in the circumstances.

if the situation is as described - multiple breaches by multiple owners with no action taken - then I’d go ahead and plant myself a hedge.

worst case scenario - remove the hedge if a court case is looming that I’ve been advised I’ll lose.

kind regards, Mac

Happymum
Posts: 2
Joined: Tue Jul 17, 2018 2:12 pm

Re: Looking for advice on a neighbourhood covenant. Thanks

Post by Happymum » Thu Aug 09, 2018 8:05 pm

Thank you. xx

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