• Positive Covenant

    By Guest on 22nd Jun 2016

    This relates to a boundary dispute. A Charge about the maintenance by my neighbours of a fence along the disputed boundary is recorded against their LR Title but no fence exists. Is the Charge legally binding?

  • 2 Answers

    By Guest on 26/06/2016

    It depends what the covenant says. If there is a covenant to erect and thereafter maintain a fence then yes, potentially there could be an enforceable breach. Pursuing this through the courts could be costly and stressful however with no guarantee of success. You should try all you can to resolve this amicably.

  • By Guest on 26/06/2016

    Many thanks. My neighbours pursued ME through the courts, lied under oath and succeeded in having the boundary 'moved' to the position of the general boundary as defined by my LR title plan which in itself was wrongly registered - it's a mess!

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