Advice on small paddock use

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Bobthecob15

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Not really sure what to do with our small field and wanted some ideas…

We purchased our current house a few years ago and it has a small paddock, it’s about 0.75 acres at most, the entire property was 0.9 including the house and small back garden. We really didn’t know what we would use the field for but we liked the house and the location etc so we bought it…

The dilemma is- it needs fencing to be any use at all, currently only one edge of it is fenced. It is also classed as agricultural use (used to be a cattle shed and barn and field). There is a covenant on the deeds which says no building and mentions there being 2 dwellings maximum (there are now 2 on the original plot of land) plus hay barn which is no longer there. It might also have mentioned a stable but I can’t remember.

So this limits our options. We did ask next door about selling part of their 2 to 3 acre field they don’t use at all…other than walking their dogs round…but they aren’t interested.

We keep our pony at livery elsewhere, but when she retires I am keen to consider if we could keep her at home, even some of the time, she’s 14hh.

So do we apply for change of use? Fence it and use it part of the time if we can find more grazing? We would obviously need to supplement with hay and a field shelter or something which I think would trigger planning? Original owner of the covenant is long dead, our neighbours bought the house it was on so I guess they are now covenant owners?

Or is it forever to be a nice field for our dogs to walk round?! 🤣
 
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If it's a covenant on the deeds it's very unlikely to be enforced. AFAIK, it's only enforceable by the person that made it, but am happy to be corrected. It will just be down to your local council to decide if changes require PP. My land isn't actually classified as anything, according to the council, so I'm not sure how much the species living on it matters, depending on where you are. I know some councils are very hot on it.

I've kept ponies all year on 3/4 an acre, but it only really works if you have hard standing and can stable/confine to a yard when it's very wet.
 
I'd set up a track system and bring the pony home! Although might not be ideal for a child if they like the school and company. So buy some exmoors, the smaller ones, and keep them on a lovely little track system and go for drives on the weekend!
 
I'm Dun said:
I'd set up a track system and bring the pony home! Although might not be ideal for a child if they like the school and company. So buy some exmoors, the smaller ones, and keep them on a lovely little track system and go for drives on the weekend!
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No it would be for when she retired I think, my daughter really needs the school, facilities and company of the livery yard…plus hacking would be very limited with a busy road and lanes…so I think more suited to retirement if anything!

But it would be an option for having her stay for short periods in the holidays I guess x
 
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meleeka said:
If it's a covenant on the deeds it's very unlikely to be enforced. AFAIK, it's only enforceable by the person that made it, but am happy to be corrected. It will just be down to your local council to decide if changes require PP. My land isn't actually classified as anything, according to the council, so I'm not sure how much the species living on it matters, depending on where you are. I know some councils are very hot on it.

I've kept ponies all year on 3/4 an acre, but it only really works if you have hard standing and can stable/confine to a yard when it's very wet.
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Covenants (if drafted properly) run with the land. So the successor in title to the land that has the benefit of the covenant will absolutely be able to enforce it. They can go to court and get an injunction to stop whatever you do that is in breach of the covenant.
 
Marigold4 said:
Covenants (if drafted properly) run with the land. So the successor in title to the land that has the benefit of the covenant will absolutely be able to enforce it. They can go to court and get an injunction to stop whatever you do that is in breach of the covenant.
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There's a covenant on my house, that caravans aren't to be stored a fences not erected in the front. It was made when the house was built. Does that mean that as the owner of the house, I now own the covenant? The house builder is no more. Sorry OP, off topic!
 
Until your pony is ready to retire, could you rent it to a local farmer to graze a few sheep. It would help manage the land and have something of interest to watch whilst having your morning cuppa. Obviously will need fencing but you would need to do that ready for pony anyway.
 
meleeka said:
There's a covenant on my house, that caravans aren't to be stored a fences not erected in the front. It was made when the house was built. Does that mean that as the owner of the house, I now own the covenant? The house builder is no more. Sorry OP, off topic!
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No, I'm afraid not. This is a restrictive covenant and it is very likely that you are bound by it. Covenants are promises between two people/pieces of land. The covenantor has the burden of the covenant (not to keep caravans etc) while the other party (the covenantee) has the benefit of the covenant and can enforce. You have the burden of the covenant. Did you buy the property from the housebuilder and agree to the covenant with the housebuilder? Are there several plots that were developed at the same time? If so, the covenants may be mutually enforceable between all the house/plot owners even if the housebuilder is no more.
 
Marigold4 said:
No, I'm afraid not. This is a restrictive covenant and it is very likely that you are bound by it. Covenants are promises between two people/pieces of land. The covenantor has the burden of the covenant (not to keep caravans etc) while the other party (the covenantee) has the benefit of the covenant and can enforce. You have the burden of the covenant. Did you buy the property from the housebuilder and agree to the covenant with the housebuilder? Are there several plots that were developed at the same time? If so, the covenants may be mutually enforceable between all the house/plot owners even if the housebuilder is no more.
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I had a caravan here for 15 years and started a bit of a trend amongst the neighbours, who had all complied up until that point. I think they all waited to see if I got into trouble, before bringing their caravans out of storage and fencing their gardens 😂 Interesting to know that it could still potentially be enforced though, thanks 😀
 
Marigold4 said:
No, I'm afraid not. This is a restrictive covenant and it is very likely that you are bound by it. Covenants are promises between two people/pieces of land. The covenantor has the burden of the covenant (not to keep caravans etc) while the other party (the covenantee) has the benefit of the covenant and can enforce. You have the burden of the covenant. Did you buy the property from the housebuilder and agree to the covenant with the housebuilder? Are there several plots that were developed at the same time? If so, the covenants may be mutually enforceable between all the house/plot owners even if the housebuilder is no more.
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There is no one to enforce the covenant, if the house builder is gone. I've been through all of this a few years ago. The other house owners weren't able to enforce the covenant. I guess if you have specifics in your deeds about other parties enforcing it, but I was told that was extremely rare.
 
meleeka said:
I had a caravan here for 15 years and started a bit of a trend amongst the neighbours, who had all complied up until that point. I think they all waited to see if I got into trouble, before bringing their caravans out of storage and fencing their gardens 😂 Interesting to know that it could still potentially be enforced though, thanks 😀
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If you have had a caravan there for years, then you should be OK. The only way for anyone to enforce the covenant is through the remedy in equity of an injunction. There is a principle in equity that if the person with the benefit of the covenant (the housebuilder here) delays, they lose the opportunity to enforce it. 15 years is a very long delay!
 
Marigold4 said:
If you have had a caravan there for years, then you should be OK. The only way for anyone to enforce the covenant is through the remedy in equity of an injunction. There is a principle in equity that if the person with the benefit of the covenant (the housebuilder here) delays, they lose the opportunity to enforce it. 15 years is a very long delay!
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You obviously know about this area and I'm curious, do people enforce them? The advice I was given was that no on bothers after a few years due to cost and hassle, but I'm wondering if that was accurate or not.
 
would your neighbours let you rent the 2/3 acre field. they might be more interested in that, than actually selling. if not, if your paddock is dry, i would set up a track system, and get a mini shetland to keep your horse company. use the track in the summer and supplement with hay, then they can graze the middle in the winter, with additional hay too.
 
I'm Dun said:
You obviously know about this area and I'm curious, do people enforce them? The advice I was given was that no on bothers after a few years due to cost and hassle, but I'm wondering if that was accurate or not.
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The owners of the land with the benefit of the covenant can and do enforce them. However, if no action has been taken for a long time then the right to act may be lost by that particular landowner. Breaching a covenant is a gamble - an expensive one if someone does decide to enforce it. Positive covenants (ones where the landowner promises to do something like erect a fence) are more difficult to enforce, but negative/restrictive ones (ones where the landowner promises NOT to do something) are more straightforward. If buying a property with a covenant you don't like, you could take out indemnity insurance in case someone does pop up and enforce.
 
kerrieberry2 said:
would your neighbours let you rent the 2/3 acre field. they might be more interested in that, than actually selling. if not, if your paddock is dry, i would set up a track system, and get a mini shetland to keep your horse company. use the track in the summer and supplement with hay, then they can graze the middle in the winter, with additional hay too.
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Their field isn’t fenced round either 🤣 and no, they are funny beggars they wouldn’t even let the tree surgeon who came to trim our trees put his cherry picker on their side of the fence in case it damaged the grass in the field they don’t use 🙄 so I think renting it is beyond an option! Sadly x
 
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