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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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A covenant exists on the deeds to properties in my area

Resolved Question:

A covenant exists on the deeds to properties in my area requiring the maintenance of boundary fences in good condition. My neighbour's fence in the back garden collapsed at Easter and apart from removal of the debris and a half hearted attempt at digging holes for new posts, nothing has happened. How can I enforce the covenant? The lack of fence creates a security issue for my property as they have no gate to their rear garden next door.
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Hav eyou downloaded a copt of his deeds from the Land Registry and checked his liability?

Customer: replied 1 year ago.
we have a copy of the deeds, showing the covenant and T marks
Customer: replied 1 year ago.
I should add that the deeds we have are ours, but the land was all purchased from the same vendor as a development area of woodland. There is no specific reference to individual plots in the relevant section so I am confident the same applies
Expert:  Clare replied 1 year ago.

what is the actual wording?

Customer: replied 1 year ago.
Not to remove alter or allow to fall into disrepair any of the boundary structures marked with an inward "T" on the plan herenunto annexed
Customer: replied 1 year ago.
any update?
Expert:  Clare replied 1 year ago.

My apologies for the delay.

I have to ask - are you willing to go through another court case?

Customer: replied 1 year ago.
prefer not to of course, but I need to know the options so I can present them to my neighbour
Customer: replied 1 year ago.
still waiting..................
Expert:  Clare replied 1 year ago.

You have two options.

The simplest is to put your own fence up to ensure that your property is secure.

The second option is to try and enforce the covenant.

This is complicated by the fact that it is possible that you can enforce it yourself - depending on the full wording of the Title Deeds, or you may have to go back to the original developer in order to force them to enforce the covenant.

If you can forward a copy of the Office Copy Entries then I can conform which it is

Obviously even if you can take action yourself there will be delay and expense involved in the court application

Please ask if you need further details

Clare

Customer: replied 1 year ago.
sorry I don't understand "office copy entries"
Expert:  Clare replied 1 year ago.

They are the Documents from the Land Registry that show the ownership of the property and the Charges and Covenants on it

Clare and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
ok understood. I think I have what I need now.my understanding is that I could "threaten" (nicely!) my neighbour with enforcing the covenant through the courts. If it went that far I would need to establish who would need to enforce it, i.e. initiate the court action, me or the developer who is still active in the area. Of course I do not want to do this and I hope neither does my neighbour. I am sure last time it was a case of head in the sand hoping I would go away. I want to have enough technical knowledge on my side to appear at least I will follow through
Expert:  Clare replied 1 year ago.

Yes you have it clear

As I said the only other option is to build your own fence