Can Covenant to maintain fence be enforced.

[bob369]

My 92 year old mum is frail and vulnerable, and now on her own.

A fellow property developer bought the house next door a few years ago (they are attached semi's) and has split it into flats.

My mum was recently broken into, with someone gaining access to her garden through holes in the neighbours fence.

The neighbours fence is over 50 years old, rotten and broken, so is well due for replacement.

I have the developer - who now rents it out - 3 twice in the last 6 months asking him to replace the fence.

He has yessed me to death on both occassions, but 6 months on - nothing. I called him again yesterday, but he is not picking up.

He has a reputation for being not spending a penny.

I find it very unneighbourly that he takes such a stance.

The Covenants for the property state:

The following are details of the covenants contained in the Transfer
dated 10 June 1932 referred to in the Charges Register:-
THE Purchaser hereby covenant with the Vendor for the benefit of the
remainder of the land comprised in the above title number that the
Purchaser will at all times hereafter observe and perform the covenants
stipulations and restrictions hereinbefore referred to so far as the
same relate to the property hereby transferred.
SCHEDULE OF RESTRICTIONS AND STIPULATIONS ABOVE REFERRED TO
1.
THE Purchaser is for ever to maintain in thorough repair good and
sufficient boundary fences as follows:....

Those on the sides behind the building line
and back of such plot or plots marked "T" within the boundary line to
be not less than 4 feet 6 inches nor more than 6 feet in height and to
be constructed with larch or oak posts rails and plank with deal or oak
close palings.
All such fences shall be of a type and material to be
approved in writing by the Vendor or his Surveyor for the time being
and the Purchaser shall not erect any fence of any other type or
material.

Can that be enforced legally.

Thanks

[Neelix]

Good luck with that. You'll probably find its unenforceable and all the other party needs to do is maintain boundary marking.

You could however, put up your own fence on your side of the existing fence

[Section20z]

The Covenants for the property state:

[I]The following are details of the covenants contained in the Transfer
dated 10 June 1932 referred to in the Charges Register:-
THE Purchaser hereby covenant with the Vendor for the benefit of the
remainder of the land comprised in the above title number that the
P tks

That covenant is only any use if your mum is the beneficiary, ie her land that was sold in 1932 or her predecessor - and even then it won't be easy.
Cheaper just to stick a new fence up, and knick a bit of his land while you're at it :-)

[Lawcruncher]

Can that be enforced legally.

See this thread I started years ago:

https://www.gardenlaw.co.uk/phpBB2/v...php?f=6&t=1727

[bob369]

That is a mine of information, many thanks for your reply.