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Nicola-mod
Nicola-mod, Moderator
Category: Property Law
Satisfied Customers: 21
Experience:  Moderator
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In the context of a restrictive covenant on land that states

Customer Question

In the context of a restrictive covenant on land that states ' not to erect any building or structure'...
Is a fence a structure.
Is a 'post and wire' fence any different - i.e. it is a structure
If a hedge were to be placed as a boundary, is it considered to be a 'fence' and therefore a structure.
Could do with Case Law examples.
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
Neither a fence, a hedge, or indeed a post of wire would be considered a structure under this covenant. A boundary fence or hedge would be considered permissable unless it is breaching someone elses right over the land. There is not caselaw on this because it is generally accepted by lawyers that this is not such a prohibition so it does not go to court for judges to decide on this issue.
Customer: replied 1 year ago.

If that is 'generally accepted' then I need a reference for this answer to be 'satisfactory'

Expert:  Thomas Judge replied 1 year ago.
I think you are missing the point - there aren't reference on this specific point in law books because it is so clear that this is accepted - lawyers don't argue about it or reference it. Because you are allowed under the terms of the covenant to put up a fence etc - the restriction is talking about things like extensions, sheds, garages and the like.
Customer: replied 1 year ago.

I am not sure why you say - 'because you are allowed to put up a fence'.....another section of the covenant specifically allows a fence and hedge on a different area - this one doesn't.

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new 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 1 year ago.

Happy to wait. Thanks.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

OK

Expert:  Nicola-mod replied 1 year 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?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Does closing the question mean I get a refund - it has not been answered so far.

Expert:  Nicola-mod replied 1 year ago.
Hello,
We offer a refund on request; please confirm if you would like me to do this for you.
Thank you,
Nicola
Customer: replied 1 year ago.

Yes please - this question has been not been answered unfortunately.

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