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Tricky issue with covenant

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  • Tricky issue with covenant

    If my property title deed contains a covenant to maintain a 6 foot boundary wall to a reasonable standard. Can I be held responsible if the neighbours have subsequently dumped 3 feet of soil against it to retain an increased land height?

    How do these things normally get resolved? Do the courts get involved with an uncooperative neighbour?

    Thanks!

  • #2
    Re: Tricky issue with covenant

    I don't know the legalities of something like this but if the neighbours are doing something that could have an impact on the wall itself, then a friendly word may be required.

    I'd imagine that long term, the 3ft of soil will compact against the bottom of the wall and probably start to push it inwards towards your land and therefore weakening the whole structure.

    Are you on good terms with your neighbours?

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    • #3
      Re: Tricky issue with covenant

      Thanks - I've tried, but she's either intransigent or thick.

      I can't imagine that my covenant is an open-ended commitment to right her wrongs, but then this is the law.

      Should I check with a solicitor?

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      • #4
        Re: Tricky issue with covenant

        Originally posted by Shaw View Post
        Thanks - I've tried, but she's either intransigent or thick.

        I can't imagine that my covenant is an open-ended commitment to right her wrongs, but then this is the law.

        Should I check with a solicitor?
        If you've tried to talk to her about it and she's not reacted in anyway positive then yes, unfortunately advice from a solicitor or even Citizen's Advice may be worth a go.

        At the end of the day, she is ultimately doing something that long term will have an impact on the wall and through her actions, you will have to pay the cost.

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