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Several years ago the neighbour replaced the dividing fence. At the time I wasn't happy about the height. Said neighbour said there was nothing I could do as legally he was entitled to build it up to 6 ft.

I've just discovered there is a covenant limiting the height to 3ft unles a written agreement is reached. As we didn't sign anything, has he illegally put up the fence at a height of 6ft.

plant pauper

Yes but is it worth starting a row when you've lived with it for "several years". Falling out with your neighbour is a pain in the proverbial! 

Is there anything I can do now?

I only discovered the covenant because I'm selling my property. Am I in the wrong for allowing him to put it up. I did complain to the council at the time and they supported him. I may still have the e-mails.

If you are selling the property I wouldn't start a row over it, you would likely put off potential purchasers as any disputes will have to be disclosed.

A broken covenant can be enforced of course if anyone can be bothered. A lot of the time no one does bother. The house we moved into two years ago had various covenants on the leasehold, some were just plainly ridiculous others were in place for a restricted time whilst the builders finished the estate to keep it looking uniform. Those had expired about 10 years we bought it yet some hadn't. We have since bought the freehold and all those covenants have gone. 

When we bought the house I spotted at least three of the current (at that time) covenants were being broken. It was suggested by the solicitor that these breaches were of no consequence to us and by their very nature no one would be bothered to take it to court as it would cost too much. You can also apply to get covenants removed especially if they can be considered unreasonable.

If it were me I would leave well alone as you are selling and avoid a load of hassle.

Cheers

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I have to agree with what has been said. Now if you are selling you would do well to disclose the existance of the Covenant and say you had no idea it had been 'Infringed' some years back..  Your buyer may appreciate the increased privacy facotor.  I have 6 ft fences all round.. Best thing ever as my neighbours eitherside have unkemt plots to say the least...

Lou12

I wouldn't care for three foot fencing at all. I like my privacy and what would I grow roses up :-)

I bought my Bungalow new and as the estate was only half built covenants applied as stated above to keep the overall site looking nice, many have now gone or been broken, nothing is done and if you are moving then don't start a fight that could have consequences. My deeds did state which fences were mine and what height I could have them it was six feet although I kept them at four feet, I have good neighbours who do garden so all is well.

Frank.

I don't want to start a fight with the neighbour, I would be happy just to put it all behind me. 

The issue has been raised by the purchaser. They are asking if any of the covenants have been broken, unknowingly that one has...

Lou12

The person I bought my house off said "Don't know" to everything despite knowing every rule in the book had been broken including no planning permission for the extension that I had to have pulled down after I moved in as it covered a vital drain.

I sought legal redress and compensation and was told by different solicitors, forget it nobody wins these cases you will just lose lots of money because I couldn't prove that he 'did know'.

If I were you I'd just say "Don't know" and happily move on to your new home without worrying about it.

Practically nothing can be done by a future purchaser if they discover something wrong with their purchase after they move in.

Thing is I didn't know. I did put up a trellis in front of the high fence and replanted that side of the garden with stuff which liked the conditions. There is a gap behind and the trellis can easily be taken down. 

Think that will be the answer to their Q. 

LittleMissSunshine

Similar situation to you Zoomer except I discussed the fence and got a verbal agreement since our dogs were causing chaos in each others gardens as they hopped over the old 3ft fence. 

Most dog owners on the street and a few others have 6ft fences, I would wonder if a president exists if a different view can be taken or if permission can be sought retrospectively. 

I have to say no one else ever mentions the covenant and hardly anyone is entirely clear as to who's fence is who's ... confusing!

Covenants  in theory are legally binding, but the question is by whome?  Our first house, said we were not allowed signs (i.e.) For Sale signs.  Our last house, which was Edwardian said no Gipsy caravans or fairground equipment to be put on the land and no businesses to be run from the property (we had neighbours who did hairdressing and ironing from home)  The one where we live now, has one saying only a Solicitor,Dentist or GP can work from home here, and one from the Electricity company saying no trees can be planted with so many feet of the sub-station.  We saw these covenants in the legal pack, but the Solicitors did not tell us.  We were told in the first house, they are meant to be enforced by the local authority, but anyone having "an interest" in enforcing them would of course be long dead. I understand that some of the local properties have a covenant stating their front gardens must remain open plan. 

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