Restrictive covenants void

[michug]

No, we're the owners. We want to sell it, but if we can't because of their bins and if we cant put a fence up then we'll let it out

 

[freddiemercurystwin]

Is this a historical cause of bad feelings between you and your neighbours then?

 

[michug]

Not at all, we used to be really good friends. But they've lived there since the houses were built and think they own the cul-de-sac

 

[aveatry]

No, we're the owners. We want to sell it, but if we can't because of their bins and if we cant put a fence up then we'll let it out

Well in that case then I am sure they would be all up for putting the bins down beyond that side gate out of sight until your house is sold.
Because if you have trouble selling it and need to reduce the price then that will effect their value will it not or tell them otherwise you will let it out to XY or Z - I am sure there must be a certain group of people that they would not want living in "Their cul-de-sac"
Otherwise - here is your fence.

 

[charliegolf]

Why are they using your land as opposed to walking the bins straight to the road?
Have you spoken at all with them yet?
Tell em you plan a hard standing to the left of your car, and step one is a fence. 6ft as shown, then step down to 4ft to the road.

 

[aveatry]

Why are they using your land as opposed to walking the bins straight to the road?
Have you spoken at all with them yet?
Tell em you plan a hard standing to the left of your car, and step one is a fence. 6ft as shown, then step down to 4ft to the road.

It looks like its because there are 7 bins and boxes and they can only get to the first one without walking on the neighbours grass so to put rubbish in the others they walk on the grass and access the bins from the side.

Not only does it look a mess outside your window - those open glass and tin boxes will be attracting flies and wasps right outside your window.

 

[michug]

Yes you're right. It's such a mess. When it's windy we have all their mess blowing over our garden and drive and in the summer when it's hot they stink and every year we have a problem with maggots which are attracted to the lights outside our house. It's horrendous. They know about it but don't sort it. And they can get very aggressive, especially when challenged on something.

 

[aveatry]

Yes you're right. It's such a mess. When it's windy we have all their mess blowing over our garden and drive and in the summer when it's hot they stink and every year we have a problem with maggots which are attracted to the lights outside our house. It's horrendous. They know about it but don't sort it. And they can get very aggressive, especially when challenged on something.

RIGHT - fence it is then. But if there any neighbour disputes then it has to be stated when you try and sell.

 

[michug]

Yea, we're stuck between a rock and a hard place

 

[mrrusty]

IMHO the covenant is void because the beneficiary is no longer in existence. Arguably it also is irrelevant because the purpose of the covenant is to maintain the front open aspect, and that fence is not in front of "the" property - who's to say "the" in this case means your property, and not next doors (OK legalish smartass comment, but as the purpose of the very standard covenant is to maintain an open aspect and that fence does not interfere with that purpose it would be a good argument)?

I'd build it.

 

[Diver Fred]

I've resided in 2 locations with restrictive covenants on frontages.
No.1 - covenant stated frontage fence could not exceed 2 feet high, garden separating fences could not exceed 3 feet high (yes that long ago. What the covenants didn't include was height of gates so most people had 3ft high gates across the whole front.
No.2 - covenant states no fences to the front garden 'Frontages' without clarifying what the frontages are/is. So we have a hodge-pot of chain link fences, hedges, no fences, side fences, flower & shrub borders and Raised boundary markers (slabs upright on edge!). It appears that after 10 years the covenants expired and were only really in place for the initial sales (after the join ownership {with the district council} failed. Same covenant also states no Vans, camper vans, caravans, trailers or boats to be kept in the in the 'estate' - we have at least one of every 'forbidden' vehicle in the road so that covenant is effective

I'd check your deeds for the actual words and see if the covenants have an effective time period. Or I'd put a fence up to the neighbours building line.

 

[michug]

The deeds state for a period of 80 years, so we're still well in that period. We were even going to put the fence inside the boundary line ( on our side of course), but the neighbours weren't happy about that either. They've threatened to get all of the front fences taken down which have been put up by other neighbours.

 

[aveatry]

The neighbours are selfish gits, they dont want them on the other side of the house front as that would look a mess - they dont want them on the other side of that side gate because it would clutter up their garden so the stick the mess outside your front window which also makes it like all the mess is yours.
I would give them one last chance to stop putting the rubbish there - ask them nicely and then if they still refuse then put that fence up then sell.
A compromise would be to just have the 2 wheelie bins out there and the rest that looks a mess they can put round the back.
Not sure what that thing is with all the #6 on it is.

Actually you could sell the fence idea to them and allow them to attach a lean too plastic roof on it perhaps.

 

[mrrusty]

Your neighbours are talking Bx. Get that fence put up on your side of the line. There is nothing your neighbours can do. The only person that can enforce a covenant is the beneficiary - in this case the defunct developer.

Even if a neighbour thinks you have broken a covenant there is FA they can do about it because they are just a third party. All they could do would be to petition the beneficiary to get it enforced, but as they are defunct, there's nowhere for them to go.