Back in the early 80’s my father planted a hedge along the North and West boundaries of our family home which is now quite thick and about 1m high. I am now in the process of selling the family home and have identified there is a covenant on the charges register.
For the benefit and protection of the estate of which the property hereby conveyed forms part and so as to bind as far as may be the property hereby conveyed into whosoever hand the same may come but not so as to render the purchaser personally liable after he has parted with all interest therein the purchaser hereby covenants with the company as follows:
(a) Not to erect between the north elevation of the dwellinghouse and xxx road aforesaid any boundary walls, fences or plant or grow any hedges
There are a couple of other requirements such as not keeping livestock, not conducting business which may cause annoyance to neighbouring owners, etc but the hedge issue is the main one as it has been breached.
About 5/11 of the other properties along the said road have planted hedges too. No one has ever complained, there are only 3 original owners left from when the properties were built in the 70's others have been sold numerous times. 1 has a hedge and the other 2 do not. The original building company became part of a large national building company back in the late 1990’s.
Is it worth trying to get this restriction discharged via the land tribunal, or should I keep things simple and see if I can take out indemnity insurance. The buyers solicitor hasn’t brought this up yet, but anticipate they will.
I don’t want to pull up the hedge on the north side as it would leave the west side looking odd.
Any other options available to me regarding this?
LAND TRIBUNAL: The Tribunal can discharge or modify a restrictive covenant in certain circumstances including where: i) the character of the property or the neighbourhood has changed so that covenant ought to be regarded as obsolete; or ii) discharging or modifying the covenant would not injure the persons benefitting from it.