Covenant

[Frustrated59]

My neighbour has erected a fence to the front of their property which is a breach of the covenant as the front of all the properties should remain open plan. I pointed out the breach at the time the fence was being erected and have sent them a copy of the covenant and written to them. Their response is “make me” so now I find myself in a situation were that is exactly what I will do. My question is how? I assume I will have to take some form of legal action to enforce the covenant. I would be grateful of any help or advice.

[des8]

Have you checked with the Land charges Department that the covenant was properly registered?
If it wasn't it won't be enforceable

Are you sure you have the standing to enforce the covenant?
Simply because each plot of a housing development is subject to similarly worded restrictive covenants, this, by itself, does not mean that every current plot owner will be able to enforce the restrictive covenants against every other plot owner.

[Scot22]

Unless there is some specific reference to enforcement I suspect the answer to Des's question is no.
Have you found out what the other neighbours think ?

[islandgirl]

Don't get into a huge dispute you will have to declare if you ever come to sell would be my advice. Put up your own fence!