Can Covenant to maintain fence be enforced.

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    Can Covenant to maintain fence be enforced.

    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

    #2
    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

    Comment


      #3
      Originally posted by bob369 View Post
      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 :-)

      Comment


        #4
        Originally posted by bob369 View Post
        Can that be enforced legally.
        See this thread I started years ago:

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

        Comment


          #5
          That is a mine of information, many thanks for your reply.

          Comment

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