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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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My question is regarding the Restrictive Covenants that have

Customer Question

My question is regarding the Restrictive Covenants that have always existed on our estate[houses built in 1960's]. Our estate has an open-plan aspect to all frontages with boundry wall height being restricted to 606mm. this restrictive Covenant is written into our deeds. A neighbour want to enclose the whole front of their property with walls with railing and iron gates with an oveall height of 1000mm which they can do under our Planning dept's -- 'Permitted developement rights'. The council say that they are not interested in Restrictive Covenants and that we should persue matters of these Covenants under civil-law!
This obviously a major step to take, so can you tell me where we stand and if there is any chance of us winning if we persue matters by law?

Regards, XXXXX
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

What other covenants are there on the property?

What does this one say?


Customer: replied 4 years ago.

1) This one say's -- 'That no building or erection other than a boundary wall or fence not exceeding two feet high shall be erected on the property' hereby demised nearer to the roadway than the building line laid down by the local authoritiy and that any such boundary wall or fence shall be to the approval of the Lessor.'

2) Relates to buildings.

3). Relates to noise, nuisance or annoyance etc;

Expert:  James Mather replied 4 years ago.

This property is obviously leasehold. Who is the landlord that the ground
rent is paid to?

Bearing in mind that he can build a 600 mm wall, what is the problem with a
1000 mm wall apart from the obvious breach of the covenant.

Has anyone else on the development breached this covenant?

With regard to all the
covenants (including this one) on your own property can you confirm that you
have not breached any of them in any way yourself?