Enforcing a neighbour's restrictive covenant?

[Covenants1234]

My neighbour has removed a hedge and installing a very high fence. It's in excess of the planning regulations so we will be discussing that later.

However I remembered that we have a restrictive covenant on our property relating to fences and I've just checked they have the same covenant restricting the height and type of fence.

However, it's very old and I don't think the organisation who set up the covenant still exists (it was a poor law union I believe) so I am unsure if this makes the covenant unenforceable?

If it is still enforceable is that something we can do (as we would be affected by the installation of the fence) or can it only be the original organisation who set it up?

Your deeds should tell you who has the benefit of the covenant. Usually it is the owner of adjacent plots, but to be sure you should run it by a property lawyer, who may charge for their time.

Thank you that's interesting. The covenant does say:

"and their successors and the persons deriving title under them as covenants running with the land and binding on the said xxxxxx and all owners and occupiers for the time being of the said several plots of land.."

Is that what it means that the covenant is between all our neighbours? I wondered why it kept saying "several plots of land".

Because all have the same covenant. They are virtually unenforceable. Do you want to spend the money and the effort. Better to go for fence being too high. Your council should have a mechanism for reporting this.,

We had similar. Years of wrangling and £££ of legal fees. It’s unenforceable. The council won’t be remotely interested.