I apologise this came up was waiting for me but I see that someone is already dealt with it.
Very Interesting, the wording in the covenant includes "no construction temporary or permanent shall be made on the parcel of land adjacent to my property" (my garden). Prior to building the Sun Deck my neighbor erected a 7 foot high fence along the boundary of the area covered buy the covenant (with the bad side facing us) behind which he planted conifer trees which are now at least 3 meters high. His property does overlook our garden from the 1st floor but from ground level there is no view and now of course our view over what was formerly open land is completely obscured.
So my question is although he holds the covenant the fact that he has erected a fence along the boundary does that constitute a construction so is he in breach of his own covenant
Yes sorry it does not say "My property" it says the area coloured Blue...the fence is on the boundary of that area. Is it an issue being on the boundary as opposed to being "On" the parcel of land?
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