The restricted covenant that I'm interested in relates to the erecting of a gate, fence, wall or other erection between the building line and the highway. My house has an adjoining garage with my neighbour. My neighbour has a caravan and a transit type van on his driveway which restricts access so his kids have been using my driveway instead of their own. After 1 near miss whilst reversing from my garage I want to erect a stainless steel post and rope barrier to prevent a re-occurrence, however this contradicts the covenant. Once I trace the covenant beneficiary I can approach them to see if the covenant is still enforceable
As I understand it covenants are transferable. There was an option for Somerset county council to buy the land from the developer after 21 years (2003), if indeed this took place I assume Somerset county council are now the beneficiary of the covenant. When I approached SCC they merely advised me to check with land registry to find out who owned the land. As the land has not got a specific address I was unable to do this. Equally my deeds show that I am duty bound by the same covenants as was the original house owner. I believe I still need to track down the land owner before I can proceed further.