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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have 5 restrictive covenants on my property as do all the

Customer Question

I have 5 restrictive covenants on my property as do all the others in the area. I live on the bottom of a steeply sloping ground my, neighbour has built her land up to 6ft above natural ground level and built a patio on the boundary wall and a5ft fence on top of that(just) on my side of the boundary and I started proceedings for breach of Covenant. I lost on the ground that I could not prove that she had dumped rubbish to raise the level of her land. The covenant reads " that no rubbish or refuse should be dumped on the land" I have appealed the decision but am concerned as to whether the fact that I cannot find a legal definition of "rubbish or refuse" will mean I could lose the appeal, can you help?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I think you dont need to worry about refuse.

Alex Watts :

I think that is self evident to a reasonable person.

Alex Watts :

Ie if something is discarded it must be rubbish

Alex Watts :

I think you need to show that she dumped it

Alex Watts :

If she is saying she did not, that is where you will struggle.

Alex Watts :

You need to show that she dumped it

Alex Watts :

If you can not show that you may be in difficulty

Alex Watts :

Can I clarify anything for you about this today please?

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