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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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In my title deeds there is a restrictive covent on open plan

Resolved Question:

In my title deeds there is a restrictive covent on open plan driveways & not to erect fences walls etc.. my neighbour has erected a fence at the level of our vehicle door opening to annoy us as i am disabled and the drive has been open plan since the purchase in 1999 can he do this with the restrictive covenant which I know is also in their deeds
Submitted: 2 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 2 years ago.
Hello. If there is covenant not to fence, and this benefits your property, then you can demand the removal of the fence. If the neighbour fails to comply, you should ask a solicitor to write to them, giving them one last chance to comply. If they still refuse, you will need to seek a court order, requiring the removal of the fence. This is a nuclear option, but in reality it is the only legal thing you can do. An injunction like this might cost around £3,500 plus VAT to obtain, but you might get most of these costs back if the court awards costs against the neighbour In this case, where there is a clear breach of covenant and they've had plenty warning, I am sure costs would be awarded back to you. Best, WB.
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