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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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There is a covenant on my property built in 1970 not to enclose

Customer Question

There is a covenant on my property built in 1970 not to enclose the gardens with a fence, presumably to maintain the open aspect of the gardens on the estate.
Many other properties have fenced.
I understand the exiting fence could be 7 or 8 years old my question are.
1. Is the covenant enforcible as there has been many owners since 1970.
2. If there a planning permission breach, can enforcement action be taken in view of the precedent set by all the other properties fenced and the time elapsed
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

It is a really simple question, I cannot understand the problem in firstly my presentation and secondly the amount of time it has taken you following my three email chasers, are you having some difficulties in your office

Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
I have not any feedback on this question from Experts as to why it has been difficult to answer, I'm afraid.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

please keep trying

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Alex J. replied 2 years ago.
Hi
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
1. The planning issue is seperate from the restrictive covenant. The council will not enforce restriction covenants but whether you need planning permission to put the fence up or not is a matter to consider with the council;
2. The restrictive covenant is generally only enforceable by person that put it on your title. If it was the builder of the estate they are probably now deceased or no longer in existence therefore there is no one to enforce the covenant. If you are concerned you can buy a one off indemnity insurance policy (normally costs about £100) against restrictive covenant breaches.
Would any of your immediate neighboured complain about the fence?
Kind regards
AJ

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