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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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The house we live in was built 39 years ago. A covenant in

Customer Question

The house we live in was built 39 years ago. A covenant in the deeds states no walls bushes or hedges should exceed the height of 2 feet. Is this still enforceable.
Yours Sincerely
R Walker
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. |I will try to answer this for you.
This is not straightforward. Generally the answer would be yes, but there can be modification or discharge of a restrictive covenant in some circumstances. This area is covered by Law of Property Act 1925 s 84.
s84(1)(b) permits modification or release of there is implied or express consent.
s84(1)(c) permits modification if the person entitled to the benefit of the covenant will not be injured by a breach.
What is the purpose of the 2 foot rule? It seems very low indeed. Are there similar covenants in your neighbourhood and if so are they followed elsewhere. If not this might assist you if you propose to breach/modify the covenant.
Enforcement of a breach is by way of court proceedings seeking compensation an injunction. Injunctions are not granted lightly by the courts, and these are expensive proceedings and can be difficult to obtain in the absence of harm.
I hope this answer helps but please feel free to ask further questions.
LondonlawyerJ and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your reply. Is it possible to to find out if this covenant has been modified in any way. If so where do i look.
Customer: replied 2 years ago.
My neighbor is in serious breach of this covenant are you saying it would be extremely expensive for me to enforce this covenant.
With regard to my previous question i would doubt they have applied for modification. Would they be liable for any costs as it is they
who are breaking the covenant.