Restrictive Covenants On Freehold Property - Help Please

[topbabe]

Can anyone please advise on best course of action re the following:-

 

A freehold detached property built around 2006 and also the rest of the development has various restrictive covenants, which were raised as part of the house purchase.   These include things like extensions, porches,garages ancillary buildings and fencing, which materially effect the external appearance, and cannot be constructed without planning permission.The paperwork states this is in the interest of the amenities of occupiers of adjoining property, bearing in mind the restricted size of the cartilage.

One of the owners of  one of these houses  is now intending to build a high fence inbetween his property and another.I am trying to assist the elderly resident, who doesn’t want the fence as she already has limited space. It will also make the side of the property quite dark.The guy is just a bully and doesn’t even use the space as he has access to his rear at the other side of his property. He can’t have got planning as she would have been informed. 
Does she need a solicitor to send a letter as he is possibly in breach, or is it a council matter? Are these covenants even enforceable? I’m out of my depth here. Can she actually stop him?

 

Any advise welcome, thanks for reading......

[sedith]

My house is Freehold, built in 2015 has restrictive covenants on it. Can't put up fences at the front, commercial vehicles must not be left parked on the road, no TV aerials to be visible (sat dishes are OK???).  If I am correct you can't build a fence over 2mts anyway. Solar panels must be on the rear of the property, no sheds etc.

[geared]

It's surprisingly complex, definitely one for Jeffrey Shaw.

Although from a cursory glance it looks like the original owner is the one to enforce restrictive covenants and not your friend.

 

Although you might find other ways to prevent the neighbour putting up an excessively large fence.

Edited February 26, 2021 by geared

[andyofborg]

You probably need to talk to a proper solicitor about this. 

 

[topbabe]

Thanks guys. I need to look at her paperwork too I think to see what they entail..

[Jeffrey Shaw]

Covenants on freehold properties are complex.

See https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/part/II/crossheading/covenants

You'd need to consider- separately- each of these factors:

1. Was it valid at the start?

2. Does it burden a defined property?

3. Does it benefit a defined property?

4. Even if was valid at the start, is it still valid? Has compliance been waived, for instance?

5. Even if was valid at the start, are there grounds on which it can be discharged/modified?

See https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/84

 

Edited March 1, 2021 by Jeffrey Shaw

[topbabe]

OMG  they seem so complicated. I will look at everything you have suggested.  Really appreciate the advise and the time you have taken to reply. Thankyou very much.

[Jeffrey Shaw]

5 hours ago, topbabe said:

OMG  they seem so complicated.

Yes; the topic is complex. This type of topic is why it takes a long time to become adept at handling such matters- and why you'd be advised to consult a solicitor rather than just having a 'look at everything' and potentially making serious errors.

[topbabe]

Message received....