Restrictive covenant breach

[Catnuzzle]

Just wondering if anyone has any knowledge of what happens when a restrictive covenant is breached?
We live on an estate that states the front gardens must be maintained as mostly grass and shrubs. All houses have driveways, most are single, some are double. The covenant also states no brick walls or fences to be erected on boundary at the front and shrubs cannot be above 3 foot. It means the estate has maintained a lovely aesthetic since it was built as there is continuity.
A house at the front of the estate (it's like a tree trunk with branches off - no through road) has decided to rip up their front garden and are tarmacing the entire area (they're on a corner so it's a large area) and build a brick wall around the perimeter.

It has been pointed out to them that they are breaching the restrictive covenant by doing so, but they are carrying on with their plans.
The deeds say this can be challenged by the housebuilder (Bryant - now Taylor Wimpey I believe) and/or other residents.
I'm not sure TW will be interested but is it worth contacting them? Any other suggestions or knowledge of how much a solicitors letter fir them to cease and desist would be? Thanks.

You're right, the developer won't want to get involved after they've sold all the houses off and ceased to have a financial stake in the estate. So it will be up to individual owners whose land benefits from the covenant.

It sounds like it would be easy to establish that there's been a breach. Starting point would be a solicitors' letter asking them to reinstate the garden under threat of litigation. If that doesn't work you need to decide if you want to make a court application. It sounds like it would be easily winnable. The question then is what remedy the court would give you. That is a matter of the judge's discretion. Ideally you would want an injunction - a court order to restore the garden. If the owner disobeys it they are in contempt of court, which is a serious matter. In any event they would also be ordered to pay a large chunk of your legal costs, although not all.

As to the cost of a solicitors' letter you'd need to ask a local firm. They will often give a bit of free advice initially, including an estimate of costs. You could club together with other neighbours. Also check your house insurance to see if this sort of legal dispute is covered. Even if your insurance does not cover it one of your neighbours' might.

Fab, thank you.

While I can see this might spoil the look I really think people should be able to do what they want with their own gardens and property the no high fences or hedges rule makes sense as it can be difficult to reverse out of drives if everyone has high hedges or block fences but someone digging up the grass to plant vegetables or have loads of flowers rather than shrubs if somewhat different

or someone might decide that the restrictive covenant is overly onerous
it can be fairly easy to get restrictive covenants removed when they don't actually cause neighbours any harm, changing the look would not be considered harm in the way starting a car mechanic business on your drive would. People have managed to get covenants that ban work vans for instant being parked as they argue not being able to take van home is potentially depriving them of livelihood ie an emergency plumber on call needs his van and equipment at his house, this has particularily been the case during covid as many workplaces shut so plumbers are at home until called a job as the central office was not open etc

FGS Why are you concerning yourself with someone making changes to their own property? If they were surrounding their property with rubbish or doing something disgusting then maybe, but seriously you need to find something else to occupy yourself.

If you do open up a dispute with them, you will also need to declare this when you sell your property. You might also want to think about the damage this could do to the community feel of where you live.

So in what way is this punitive or harmful to you?

The covenants are predominantly there to keep the aesthetic whilst the developer is still building and selling. I really struggle to see how it would be enforced, but commenting purely to see what comes of it

It might well be a breach but it won't necessarily be enforced even if you take action. Are you prepared to pay legal costs?

If it's not affecting you then I do wonder whether it's worth it. They may not be able to maintain a garden so taking action to ensure it remains neat and tidy. It will sour relationships down the line and might spoil your own enjoyment of your property.

Im not saying don't do anything but before you make the next step I'd have a think about the potential for it to make things worse rather than better.

@TeacupDrama
I really think people should be able to do what they want with their own gardens and property

This is really an excellent point. But then they shouldn't buy a house with a covenant that prohibits it!

They might need planning permission to put hardstanding on their front garden. Removing natural drainage can and does impact other properties.

As above. www.planningportal.co.uk/info/200130/common_projects/45/paving_your_front_garden

Really? Why is it of any bother to you what someone else does with their front garden? So they've tarmacked it, great. They've got more parking space. Less cars on the road. All I can say is I feel sorry for them. Restrictive covenants are for the benefit of the developer, who won't give a damn once the houses are sold off. I'm sure your neighbours will be thrilled at you trying to stop them.

Sorry if this sounds rather harsh, I hope it is helpful.

Your best option is to report this to the Council planning department as a possible breach of planning regulations as this remedy is free of charge.

Enforcing covenants is not easy or cheap. Broadly a covenant is a private contact normally between the original seller and original buyer of the house and protects the seller’s interests. There is a complex set of legal rules that determines whether covenants apply to successive buyers and sellers.

Based on what you say the covenant on your neighbour’s houses is enforceable only by the original developer or possibly its successor companies. You do not have the legal right to enforce it. Please don’t waste your money on solicitor’s letters.

It is possible that your neighbours have succeeded in getting the covenant legally removed now the estate is fully developed.

If you wish to pursue the breach of covenant you could send photos to the developer’s legal department and invite them to take action to enforce the covenant.

I hope this helps.

@MichelleScarn

So in what way is this punitive or harmful to you?

People hard surfacing front gardens is (combined) part fo the reason we are seeing flooding in cities and residential areas. If enough people do it, it changes the eco system.

I don't think it is fair to say 'mind your own business'.

People might well buy because of the aesthetic and peacefulness of the estate. Turning a front garden into tarmac immediately makes space for numerous vehicles. Affects surface water and potential flooding in the road. Removes biodiversity, more vehicles crossing the pavement.

It might have been a planning permission requirement, given the serious issue of pressure on our drains and sewers from increased surface water from impermeable driveways. And council's environmental targets.

Some of us may think it a bot Hyacinth Bucket but plenty of people buy for the aesthetic and atmosphere of a place, and if people want something other than what is allowed by covenant then the onus is on them to find somewhere that suits.

I'm not allowed to render tallow or make bricks in my house - my responsibility to go elsewhere if I take that up as a hobby or work.

We have a covenant on our home about fences and walls. We have a new fence and wall as do half of the estate. The house builder doesn't care as they have sold everything. Unfortunately unless you want to sour relations with your neighbours I'm not sure there's much you can do...

People hard surfacing front gardens is (combined) part fo the reason we are seeing flooding in cities and residential areas. If enough people do it, it changes the eco system

OP - does the covenant forbid tarmac drives or is it just the 3ft boundary rule? I'd be surprised if the former, the latter is fairly normal. Though I struggled to see how it affects you apart from spoiling the nice look of the estate you talk about.

Which is a bit Hacinth bucket.