We have a house on a small plot of 5 houses which have a restrictive covenants put on them in 2002 by the builder not to erect a fence, hedge etc at the front of the property. However we want to put up a fence to stop the neighbours from coming all over our front garden which is in front of our dining room and also to hide their bins which are at the side of our house and are accessing from our garden. We have tried to contact the original builder but he went into liquidation in 2020. Therefore are the covenants still valid, and if so who can enforce them and what could we do?
Restrictive covenants void
- Thread starter michug
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Decorative shrubs are not a hedge
Do you get on with your neighbours? Because it looks like this would be a PITA for them, which is understandable for them but is also obviously their problem and the current situation is crap for you.
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Pain In The Ass. Isn't that a fence on the other side of their driveway? 
I'd be inclined to just build a fence, probably 6ft next to their house and then drop it down to just over bin height down to the pavement. How much do they use that path to access their back garden? Do they have a gap on the other side of their house they can use?
I'd be inclined to just build a fence, probably 6ft next to their house and then drop it down to just over bin height down to the pavement. How much do they use that path to access their back garden? Do they have a gap on the other side of their house they can use?Covenants not enforceable if builder has gone bust but he wouldn't be interested anyway once the build is complete. The Council have probably put planning conditions on which is more likely to be enforced so check that before putting up a fence, which is better than shrubs which could cause an encroachment problem
You'd need the precise wording of Covenant and post on a legal forum... or ask a property solicitor for a view. Home insurance legal?
(Some Covenants pass to the other Title holders, and their successors.)
Occasionally there's a Council Planning restriction for open plan front gardens. Check any online documentation for the development.
Discuss the problem of the bins with your neighbours over tea and cake?
(Some Covenants pass to the other Title holders, and their successors.)
Occasionally there's a Council Planning restriction for open plan front gardens. Check any online documentation for the development.
Discuss the problem of the bins with your neighbours over tea and cake?
No they don't have a gap on their other side. They very rarely use that path to access their back garden, they keep their bins on that path and access them from our garden. They walk all over it which is right outside our dining room windowPain In The Ass. Isn't that a fence on the other side of their driveway?
Sounds like the first step is to put the kettle on ...
I have heard of this but if they just built fence to the edge of the neighbours house then IMO I dont see an issue.
Yes looking at the pictures they are not being good neighbours leaving you with a mess outside your window. And because they have filled up the path with their bins they have to walk on your grass outside your window. This is not on - they have put them out of sight for themselves and dont care about others.
Some councils have a thing that says you cannot leave them out the front but this me be for terraced streets.
I see that there is a TO LET sign in the window - are you the tenant.
I saw that but thought noooo, surely a tenant wouldn't stick a fence up!
Your opinion and the Council's may not be the same, though.
Likely it is a moot point anyway but it should be checked easily enough.
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