You've just bought your dream home and decided to build that conservatory you've always wanted. Six months later, a solicitor's letter lands on your doormat demanding you tear it down. Welcome to the world of restrictive covenants – the legal constraints buried in property deeds that catch out thousands of UK homeowners every year.
If a restrictive covenant dispute arises with a neighbour over what you can do with your property, you can quickly check your legal position using our free Neighbour Rights Checker.
So what exactly is a restrictive covenant?
A restrictive covenant is essentially a set of rules written into your property's deeds that control what you can and can't do with your own land. Previous owners – often the original property developer – put these rules in place, and they remain attached to the property permanently, passing from owner to owner. For a covenant to be enforceable, it must "touch and concern" the land, meaning it relates directly to the use or value of the property rather than personal obligations.
Developers frequently impose restrictive covenants when building new estates. Their aim? Maintaining the area's appearance and protecting their investment. Common restrictions include:
- No caravans or motorhomes on the drive
- No business activities from home
- No building extensions without permission from the developer
- No fences above a certain height (usually 1 metre at the front)
- No keeping chickens or other livestock
- Only certain colours allowed for front doors
Some covenants border on the ridiculous. We've seen cases where homeowners can't hang washing in their front gardens or must seek permission to plant certain types of trees.
Finding out if you're affected
Many people have no idea these restrictions exist until they breach them. Your conveyancing solicitor should have flagged any covenants when you bought the property, but let's face it – not everyone reads through all that paperwork thoroughly.
To check your property's covenants, you'll need your title deeds. If you don't have them to hand, you can download copies from the Land Registry website. Request both the title register and title plan, which together cost £3. Look specifically for sections mentioning "restrictive covenants" or "burdens". They're usually buried in dense legal language that can be challenging to decipher.
A typical covenant might read: "Not to erect any building or structure on the said land without the written consent of XYZ Developments Ltd". Sounds harmless enough until you realise XYZ Developments went bust 15 years ago. Tracking down who now holds the benefit of that covenant – and therefore who can enforce it – becomes a complex task.
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Try our Noise Complaint Letter Builder free, here on this site →Who can actually enforce these covenants?
It's not just developers who can enforce covenants. Anyone who has the "benefit" of the covenant can potentially take action against you. This might include:
- The original developer or their successors
- Neighbours whose properties also have the covenant (if it was drafted to benefit all properties on the estate)
- Anyone who has specifically acquired the right to enforce
- Management companies on newer developments
When covenants bite back
Problems typically surface when neighbours get involved. Take Sarah from Birmingham, who built a two-storey extension without realising her property had a "single-storey only" covenant. Her neighbour, checking their own deeds during a boundary dispute, discovered the restriction applied to both properties. The neighbour complained to the original developer (still trading), who demanded Sarah apply for retrospective consent at a cost of £2,500. After negotiations, she secured permission for £1,500 but had to agree to specific external finishes to match the estate's character.
Home businesses create another common flashpoint. With remote working now standard, that innocent-sounding "no trade or business" covenant suddenly matters. Hairdressers have been forced to stop seeing clients at home, and childminders have discovered their perfectly legitimate business breaches decades-old restrictions.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
What happens if you've already breached a covenant?
First, don't panic. For someone to successfully enforce a covenant through the courts, they need to prove the breach causes them "substantial injury or loss". This might include decreased property values, loss of privacy, or significant changes to the neighbourhood's character. Courts tend to be reluctant to enforce petty or outdated restrictions, particularly where the breach has existed for years without complaint.
Your options include:
- Negotiating retrospective consent – Contact whoever holds the benefit and request permission. Costs vary wildly from £500 to £5,000 depending on the developer and the nature of your breach
- Indemnity insurance – Typically costs £200-£500 and protects you if someone tries to enforce the covenant. However, you cannot obtain insurance if you're already in dispute, if the beneficiary has been contacted about the breach, or if enforcement action has begun. Many insurers also require the breach to have existed for at least 12 months
- Apply to the Upper Tribunal (Lands Chamber) – The tribunal can modify or discharge covenants if they're obsolete, prevent reasonable use of the land, or provide no practical benefit. Application fees start at £600, plus legal costs typically ranging from £5,000-£15,000. The tribunal considers factors like changes to the neighbourhood's character and whether money would adequately compensate the beneficiary
- Wait it out – If nobody's complained for 20 years despite obvious breaches, courts might consider the covenant abandoned, though this isn't guaranteed
Getting proper legal help
This really isn't DIY territory. Property law contains numerous technicalities that could work in your favour. A specialist solicitor might discover the covenant was poorly drafted, that the chain of enforcement has been broken, or that the original developer failed to properly reserve enforcement rights when selling the last plot on the estate.
Recent cases have shown courts taking a pragmatic approach. In one 2019 decision, the Upper Tribunal discharged a covenant preventing business use because the character of the area had changed significantly since the 1960s, with many properties already operating home businesses.
The Law Society website can help you find a specialist property solicitor. Expect to pay £150-£250 per hour for advice. Yes, it's expensive, but it beats demolishing that £30,000 extension or facing a lengthy court battle.
One final thought for prospective buyers: actually read those covenants before purchasing. Estate agents rarely mention them, and that bargain house might come with restrictions that significantly affect your plans. Check whether covenants are registered against the property and who can enforce them. Five minutes of reading now could prevent years of disputes and thousands in legal fees later.
Remember, restrictive covenants remain a civil matter between private parties. While breaching them isn't a criminal offence, the financial and practical consequences can be severe. When in doubt, seek professional advice before making any significant changes to your property.
Thank you
I moved in 9 years ago with 3 dogs and have had 4 dogs since 2018.
My neighbours on one side are definitely not dog people. On the other side the neighbours partner moved in 6 years ago. They are now threatening to seek legal advice due to the number of dogs I have.
I have spent several thousand pounds putting up new fencing, the dogs are not allowed out in the garden unattended, I've had blinds fitted to restrict their view from windows.
Does anyone know if the 89 year old covenant is enforceable? Other than a few words over the fence no official complaint had ever been made.
Thanks Mary
Now he’s running quad bikes over the land to spoil it for residents and public. Is this in violation of the covenant?
Many thanks
We have lived in are home for 18years without a problem until the new neighbours moved in the previous owner never bothered if we parked on his land to put garden rubbish in the boot and take it to the tip.
But now the new people have sent us a solicitors letter informing us that they will take us to court if we stop on his land for any reason.
We have a garage and a a parking space to the front of the garage but the garage is small and we cannot get garden rubbish past the car when its in the garage, so would have to move out, we have two cars one in the garage and one on the drive, please advise
We want a hedge on our property, recently a neighbour put up a wooden fence on our land without permission. I actually went out and stated she is breaking the covenant rules and I didn't want a fence put up.
Took absolutely no notice of me and has put the fence up on my land.
What are my rights on this? Any advice welcome.
I might add that the landlords house next door is in total disrepair and we have requested jobs to be done i.e. leaking basement which has caused damp to our inside wall. He has never had the work done. The solicitors letter is quite harrassing
and badly worded and also the facts are totally wrong. Please help.
My neighbour parks his waste collection commercial truck always full of rubbish, opposite my drive making it extremely difficult to reverse on or off it.
Is there anything I can do without having to re-employ my conveyancer?
There is a convenants on this land stating no buildings(other than those now erected or one garden shed) shall be erected on said land.
Is there anything I can do now?
If the house was sold to you on the understanding that all properties had mutually beneficial restrictive covenants re no business then you need legal advice.
However, your neighbour still needs to apply for change of use via the planning department and you would then have the opportunity to raise your concerns and objections re parking, noise, hours of operation then etc. It is not a foregone conclusion that your neighbour will get the permission even if she is already carrying out her business at home. Is a beauty business - selling products or services? If it is services like facials then she can only do one client at a time and therefore there wouldn't be much increased traffic. If it is a new estate then parking is possibly an issue. Hope your move went ok and you have sorted things out with your neighbour.
Our neighbours have just erected an out house that takes up half their garden, goes right up to our fence and is approximately 8.5 foot tall. They didnt inform us that they were doing this and it literally boxes our garden in. Its horrible.
Our deeds state: Not to do anything at the property that would cause loss, damage, injury, nuisance, annoyance, disturbance or inconvenience to the transferor or the occupiers of any neighbouring property. ..
Does this mean they cant build this structure and how do i go about getting it taken down?
thanks
We live in a development by David Wilson that is 20 year’s old. There are a series of convent ta on all the houses, one of which is not to run a business. Our next door neighbours run a dog grooming business, people often block our drive picking up and dropping off dogs. We have tried to ask them not to and often get quite rude remarks back. The next door neighbours also get angry about us asking and are unpleasant. What can we do to try and resolve this situation. Thankd
it does not have any value.the covenant lasts for 8o years the property is 30 years old the deeds show the drive/walkway criss-cross on the plans,the other neighbours further down own the pavement but are not allowed to use it for anything else but a walkway,can i stop him from using it as it is a single driveway cars would be unable to pass each .other
I live in a 23 year old dwelling in a cul de sac of 16 properties. All properties have white windows and white doors, with the exception of my next door neighbour who has painted their front door sage green (looks lovely). We have a covenant in our deeds that does stipulate all windows and doors should be white. I'm looking to replace my PVC windows and doors, and would quite like coloured doors (sage green or light grey). Where do I stand on this... shall I be radical and do what I like (like next door) or buy white. To be honest, if anyone complained about next door they would just repaint back white at minimum cost, but if we had coloured doors fitted it would cost a lot more to swap over. I'm not moaning about our neighbours doing their thing - I quite like it! Your thoughts would be greatly appreciated.
because it was not built on his garden. he did this despite seeing the Oxford Dictionary definition that a caravan is a structure or a building. an upright structure is an erection
My neighbour put up a fence 12 years ago, I recently got planning permission for my house using the fence as a boundary, he has since said the fence isn’t the boundary and the only reason he put the fence where it is is because there was a tree in the way of the actual boundary line.
Can anyone advise if I can ignore him and build my house
My property title includes a restrictive covenenat worded as:
"no trade business or profession shall be carried out upon the Plotand the Plot shall not be used for any purpose other than one private dwelling unit"
In my experience, such a breach is a matter of degree and in my case, I don't believe registering a company at my address is sufficient to cause breach.
My question is, does anyone have any case law or other authority I could use to challenge the accustaion of breach?
Many thanks in anticipation.
we have restricictive covenants stating boundary trees must be maintained and replaced if removed. Our neighbour wants us to remove the three trees on our border saying they shade some of her plants in her garden which are placed at our side of a dividing boundary wall....we do try and keep the 3 trees well trimmed but she is not happy. They also shield her washing line from our neighbours bungalow opposite which is their purpose. How can i placate my neighbour ? Do we have to do as she asks.
‘The purchaser will forthwith fence off the purchased property on the south west side thereof from the adjoining land of the vendor with a creosoted pled fence not less than six feet in height ‘
Does the above mean that I own and am responsible for up keep and change the fence to the south west side fence how I like ?
The fence is severely damaged but the neighbour is saying that can’t change yet coz they have painted on their side and have spent money doing so .
A reply would be highly appreciated as I am already in the process of installing a new and more expensive fence
1. The transferee will not at any time hereafter use or occupy the property or any part or parts there of or permit or suffer the same to be used or occupied for any purpose other than for private garden land.
2. The transferee shall not at any time erect place or lay any building structure or works on or in the property or any part or parts there of.
Do they mean I can't put a concrete sectional garage on that land? Since its my private garden I just want to make sure I can put the concrete sectional garage in it with no comebacks.
Or would I need to contact the local council or/and the land registry?
Thanks in advance for any help
As this tree wasn't in situ when the original transfer plan was drawn up & as the only impact of us removing this tree is that this property & the property next door now benefit from more hours of sun in the garden, is the covenant relevant in this situation or have we breached it? Is this something that is enforceable? What is the likely result of this?
What is the point of everyone signing covenants only to have it lifted because a neighbour wishes to devalue your property. These were his words I will make your house worthless. So far has cost me a fortune in solicitors but no one seems to be able to help. Advice needed
Or move their cars off drive for visitors to park on their drive causing no end of hassle. She saidid she has an illegal drive and therefire does not have to use it. It has a dropped kerb. Now I know no one has so called spots but after 20 odd years of using them and being respectful of it you would think this new neighbours would want to get on
All was lovely and apparently has been for 32 years. The house across the yard sold last August. The new people are still doing it up and have not moved in yet. We received a solicitors letter from them saying the landlord had broken the covenance. Accusing us of over occupancy saying we have builders staying over night which we don't. They take pictures of every visitor although very few and state the amount of people visiting the property is causing them stress. Our landlord has 2 carers a day and maybe 2 clients a week. We have 1 or 2 visitors a week. It's totally quite no one is ever here. They want us evicted and the business to close immediately. Can they do this ????. No one had ever caused them any problems or blocked their way or anything. We do not understand why???
When we moved in 12 years ago, a shed was in our parking space and we were happy with that. Last year a neighbour accidentally damaged the shed beyond repair with his car and we had to remove it. When we told our next-door neighbour that we were going to replace it, they told us that they did not like us having a shed in the parking space as it made it difficult for them to park (but not impossible as the previous next door neighbour had no problem doing so). We were then told that they had read the restricted covenant which says that the car parking spaces are to be used for vehicles only and to deviate from that would require permission from the managing agent and that they would put in a complaint if we were to do so.
We have found out that the managing agent went into liquidation 20 years ago and the property was not bought as a going concern.
Is the covenant still valid and if we were to replace the shed, who would they put the complaint into?
Thanks
I will lose my visual amenties and my home will fall in value plus looking at a high brick wall from my home will make me ill.
I am desperate, what can l do about it?. I have lived here nearly twenty years, the neighbours have lived there for just over 3 years.
It's there any way that I can raise this issue?
Thanks
But it's a ex council house
Do I need covenant consent
Please help
And has grown his leylandi hedge now to a height of 4 mtrs. We do not get on with them at all .We have contacted the housing trust on numerous occasions and have even had a personal visit from them.But they just seem to be dragging their feet over this matter.Is there anything else that can speed up this process, because now they're not even returning my calls
There are deeds of covenant applying to the communal facilities & one of them forbids any parking of vehicles on the drveway area, but all of us do park on it from time to time & all agree there is no problem in doing this, so we would like to modify the existing covenant to allow this.
How can we bring about this change to the covenant in the most efficient way & who do we need to inform ?
"The Purchasers with the intent and so as to bind so far as is
practicable the land hereby conveyed into whosoever hands the same may
come and to benefit and protect the Vendors adjoining land to the north
and east hereby jointly and severally covenant with the Vendors that
neither the Purchasers nor their successors in title will at any time
hereafter:-
(a) erect or permit or suffer to be erected on the land hereby
conveyed more than one dwellinghouse or single family occupation nor
(b) ........
The other 2 have not signed the covenants so are saying they don't have to pay for roof repairs .
One owner has a mortgage, the other has no lending. Is there anything I can do to recover costs from them ?
There was a fund put in place for works needing doing, is, shared gutters etc. But had stopped being paid before we lived there.
This had broken down, because of a dispute (verbal ), between 2 people over costs and since then the fund is no longer in operation.
The persons concerned will still not co- operate, despite the problem being at least 10 years ago.
All concerned did sign the covenants.
Now the flats and houses can not be sold.
As people can't get a mortgage with out there being this fund in place.
No works needing doing can be payed for, as no one will pay a portion, unless the other 2 persons pay.
What can we do.
We purchased our bungalow 2 years ago
It used to belong to one family who owned the neighbouring 2 houses
Back in 1960s the land was split into 3, 2 houses and our bungalow
All now been sold on to 3 different people (including myself)
12/13/14
There is a covenant on the drains which belong to me (14) but serve both 12/13
The covenant is for shared usage/expense/maintenance between us all
And NO other drains to be added.
When we moved in No12 has sold a large part of his garden to a builder who has now built a 5 bed house, We thought absolutely nothing about this, until at a social event hosted by the builder, he commented on another project he was doing elsewhere about hassle he was having with drains, and how this build was so easy as he tapped into NO 12.
I'm no thinking no12 has breached the covenant between us 12/13/14 ??
If so, what do we do?
We recently did a similar extension so now both our houses end and the same point beyond the shared alley way boundry.
Our neighbour has refused to move her gate and fence since our extension in order to has access from the alley way into our back gardens. It is not practical as far as I am concerned.
Has there ever been, and is it possible to request an appeal to have the alley way boundary updated to reach the end of the now extended houses? The original boundary does not make sense any more and we are being left with a gate at the end of the alley way which can not use and get through!
I look forward to hearing from you
Helen
Anything we can do?
Hope you can help.
In the process of purchasing a convenience store that has a covanent which stops the sale of alcohol.
The shop is in a parade which consists of a off licence who has always threatened legal action to anyone who tries to have the 40 year covanent removed.
The original developer has crease trading and has passed away a few years ago.
How can I go about having this covanent lifted.
Thanks in advance
We currently have a shed and all our adjoining neighbours have sheds of various sizes and numbers.
We are wanting to replace our shed with a larger cabin ( it will not require planning permission ), but what in conveyancing terms constitutes a bungalow ?
All the older houses built on the estate do have dishes put up as the area has extremely poor telephone and broadband signals and Virgin media does not cover the area at all. What repercussions would there be if we just put one up
Not to make or suffer to be made any substantial alterations or additions affecting the elevation external structure or stability of any building on the property nor to erect upon any part of the property any new structure without the previous consent of the transferor and the developer and to carry out any works so permitted in accordance with any conditions subject to which the consent may be granted including conditions relating to the use of materials matching as nearly as possible those already used on the property.
Thoughts welcome please
What can j do?
1: not to use the property for any purpose other than as a single private dwelling house.
2: not to carry on any trade or business or manufacture whatsoever on the property and not to place on the property any operative machinery (other than domestic appliances).
3: not to do or permit to be done any act or thing on or about the property which shall be or grow to be an annoyance nuisance damage or disturbance to the Transfer of the owner or occupier of any part of the said estate.
I currently have my newly set up business van parked on the public road outside my home not on the land covered by the cover ant but I do now use my domestic double garage as a place to store my new business 'property maintenance' tools.
Is this considered a breach?
Should I be concerned that my neighbour who also 'works' from home as an I.T. Manager seems to be trying to stop me from this?
Please can somebody advise I am devastated.
Should I get indemnity insurance?
Thank you
My property has a covenant stating I can't run a business from home. I want to run a business from home occasionally as well as being mobile. There will be clients attending the address infrequently and only one at a time. We have room for them to park on our drive.
If I have all relevant business/ home insurances in place would they still be valid considering the covenant?
Many thanks for any assistance
Bees are highly susceptible to chemicals and spraying toxic weed killers onto the flowers they visit is pure suicide for the human race.
So many of the world problems seem too large to change. This. This we can change!
If so how would I go about applying for change of use of the premises? Any help would be greatly appreciated.
My property has a drive at the front which I own but my neighbour behind me has a right of access over it but not bringing any vehicles weighing over 7.5 tonne I have a covenant written into my deeds for this, my neighbour knows this and has his own entrance but he says mine is better I have asked him and all his delivery drivers bringing in vehicles over 7.5 tonne not to as its not allowed he wont take any notice of me and he and his delivery drivers just become bad tempered when I ask them not to use it. could anyone point me in the right direction as what I can do next if he his continuing to use it . thanks
We believe that our neighbours may be in the process of objecting to the motorhome being parked on our own drive, not causing and obstruction to either neighbours, in a semi-detached house, is this a problem?
The outbuildings also form part of the property dividing line and the RC has joint ownership of this. Would removal of the outbuilding be in breach of the RC even if our side of the outbuilding was "made good"?
When the estate was built in 1971 with covenants not to make any additions or alterations that may be detrimental to the value or amenity of the neighbouring or adjacent land or detrimental to the harmony of design appearance or layout of the property and any buildings or property adjacent thereto. There is also covenant to keep to single family occupation.and also suffer to be done on property that may be annoyance damage or disturbance to neighbourhood or adjoining property.
Could I make these covenants work for me against this development on such a small plot even if planning permission might be given.
Every house in our small street has broken some of the covenants eg no tv aerials, no hanging washing out between noon on Friday and Monday morning! We are looking to change the cladding on the property which is rotting away but we are not going to replace with a like for like product and it will be a different colour to the neighbours white pvc cladding. Would any of them have cause to object?
Now it turns out he was working on behalf of others who are now living on it in three caravans either side of my drive. I feel intimidated when going out or returning, as there are covenants that the original business stated it can only be used for car parking. Is there anything I can do?
damage and dampness visible in my garage walls. A covenant exist stating that water coarses may not be interfered with to the detriment of others.My solicitor
appears to be ignoring this, Why?
There is a covenant in place and they said they are fully aware but have NO intention or removing it.
They say the other people in the close (not near the caravan) have no complaints.
What can we do? Is it worth fighting it?
Thanks
1. Ask your solicitor for an option
2. If the original vendor is still around (there's a chance they might not be) speak to them
3. Ask the vendor to purchase an indeminity policy and include it as part of the sale. That way if at some point any questions are raised (unlikely after this time) in the future it should cover you for legal representation etc
Sounds strange but this appears to have been a deal breaker and I may have the same problem if we proceed.
"Not to use or occupy the property or any part or parts there of or permit of suffer the same to be used or occupied for any purpose other than the purpose of a single private dwelling house for one family occupation only"
Does that mean I can't never have a lodger ? and also if I want to sell the property I can't sell this for "Buy to let" buyers?
Please advise. Many Thanks
The title documents of the hospice have not registered the title of the garden acquired so no restrictive covenants show up on their title (in 19 years). They are now applying for planning permission to build houses on this land and deny any restrictions apply.
Do you think we have a strong enough case to seek 'Injunctive Relief' to prevent the hospice selling on the land without the covenants being acknowledged and applied to the title deeds?
This really spoils an otherwise pleasant view and is really irritating. What can be done about it - if anything?
Our deeds specifically say businesses or professions may not be carried out from the house and commercial vehicles may not be parked.
So who should we talk to re breach of the covenant. We've tried to discuss the situation with them but they say they can do as they like.
what it is they have a double fronted house that my driveway runs past. Their house had grassed areas under both their front windows when these houses were built. However the previous owner had already dug up under one window and blocked paved it and were parking on it when we moved here. The new owners here 6 months obviously thought they would do the same under the other window which is nearest to my house so they are up and down at their will. Apparently they have vehicular rights we are now told so this allows them to do this. We are thinking surely our conveyancing Solicitor should somehow have found this out.
Is it reasonable to allow short-term occassional parking, for specific reasons? How do builders stand if they were to visit my property for a job?
I have a restrictive covernant on land I bought last year. It statses ptoperty not to be used for commercial use. I have applied for planning permission for a holiday let which if successful will only be used by my family and friends and not for commercial use. however the person i ought the l
.the land from has informed me that I will breach the above covenant and their solicitor is going to send an objection to my solicitor. Does this mean I have to withdraw planning application or carry on. Or does this mean I can still build if successful at planning but must not use the build commercially? Please help very worried now.
Two of our neighbours objected on the grounds of restrictive Covenants being in place. one by the house builder and another covenant on the deed.
We have obtained permission from the house builder to go ahead with the work and have no objections,
We are concerned about other covenant on the deed. Would the have been done by the house builder. And would we have no issues if we started the work concerned.
The deeds state the driveway is conveyed to us but they have the right to access their property on foot or by car. This house is double fronted and had when built grassed areas either side of their front door . They have dug up these grassed areas and now park on there. The area at the bottom of our drive using that does not bother us but the area right next to our property at the top of our driveway if he goes in and out say 6 times a day he is using our driveway at will. As there is nothing stated on the deeds about shared up keep we do not think our driveway was meant for this owner to use like this. This house has a double tandem garage and 2 parking spaces in front of their garage. But they never use their garages.
Can someone tell me if the deeds of a peoperty are just for the property and its boundries or if its for the whole street?
I had a solicitor wrote to them asking them to move the vehicles, they have moved the boat and motor home but not the 3 cars and trailer and van.
Their solicitor wrote back and is refusing to ask his client to move the vehicles ! ?
How do I proceed with this I can't afford solicitors costs but I am happy to do this myself I just need someone to tell me exactly what I need to do to enforce the covernants.
Nil and void
Hi Thanks for reply, the neighbour who bought it to our attention was not complaining, and is looking at doing something to her property, but her solicitor pointed out this clause to her when she purchased a year ago, and she wanted to know how we had got round problem.
at the weekend we checked the area and most properties have had some had some type of extension at back of house which is visible from the roads, covenants also include about commercial vehicles parking on estate, which some neighbours do, satellite dishes etc were not to be put up, but again people have, so I think we may be ok to just stay quiet. Have tried to look up the builders but it looks like they out of business as no luck tracing them yet!!
Do these clauses mean that our neighbour is breaking the terms of her contrast by planting these trees which will obstruct our view and light?
I've already had 2 houses fall through and this is the third that I've paid for surveys and searches on and I've ended up in rented accommodation as I didn't want to hold up my sale. So I really don't want to lose any more money.
The land was bought in 1987, so it's been nearly 30 years. Is there a chance the council would overturn the covenant and allow me to put a drive on the land?
The house next door is on a large corner plot, and this piece of land was purchased from them so it was originally part of their garden that is at the side of their house. A drive wouldn't block any view, or their back garden, as it's at the side.
I have looked on the original documents for the house and it stipulates that there is a restrictive covenant preventing the erection of boundary walls, keeping the outlook open plan. As a large and basically unusable plot of land I was wondering if there was any way in challenging this covenant and getting the wall erected?
The property enjoys harbour views and one of the Covenants is explicit in that no boundary fences or sheds etc should be erected at a height of more than three feet.
A new owner to the adjacent property is ignoring this and has allowed bushes and erection of a garden shed to a height of some twelve feet blocking our view.
What can we do do about this?
Obversely not for replacing an old fence, my neighbour has completely removed the old fence to another position towards his house, which has raised it by 39 cm's -1 foot three in's doe's he need planning permission.
I purchased my house 13 years ago with a covenant restricting use of building and land to one residence. The previous owner also kept a small strip of hedge bordering a small section of the land.
3 years ago my wife and I separated and her partner now owns the land adjacent to the strip owned by the previous vendor.
My question is can the previous vendor still enforce a covenant if the land I wish to use is not attached to any land they now own?
Thanks
We fully intended that, in years to come, we would have a small sympathetic extension down the side of house near the neighbour extending out by 2 metres, mirroring the opposite side of the house which was extended 2009, to balance the property internally and externally and so it sits evenly in its plot. The 2 rooms on the extended side are 16 foot wide, whereas the 2 rooms on the unextended side are a just 8.5 foot wide so we'd like to open these out eventually. We believe it would be reasonable use of the land, as currently this side passage, which is over 3 metres wide, is unsightly used for extra parking or dumping bins/paraphernalia. We cannot see how this would affect their view, dimensions of their house or devalue theirs, as already well screened. There would be no need for windows running down the side looking into their property either. This would enable us to give our disabled child the specialist living space he will need as he gets older. Monies permitting we'd also like to add a proper pitched dormer to the rear on the far side away from the neighbours. Again, this would not obstruct their view or light nor devalue their house. How do We go about approaching the neighbours to modify these covenants? We agree there should be something in place to protect the character of the house ( it's lovely in its current dimensions, it would be terrible to change it to a big house and over develop ). We don't want to buy the property if we have little chance of making these modifications if the neighbours refuse to review the covenants, nor do we have piles of money to sort it out. Our solicitor has remained tight lipped...just said either speak to the neighbours of our intetpntions to extend in future and see if they'd agree or don't buy the property and risk no result. We are at risk of losing our buyer too if we pull out. How can I find out the cost to modify/sort out?
regarding some large trees in our garden.
We want to remove them, but on looking at our
deeds there is a restrictive covenant to not remove
any trees or shrubs on our property. Our neighbour
has the same on his deeds.
However, we and a number of our close neighbours
have removed trees & shrubs previously.
Can we ignore the covenant or get it removed
somehow?
The access path is on our property but there is a covenant in our deeds that allows access to our neighbours to get to the horses field. The covenant reads: 'except unreserved for the transferrers and their successors and title owners and occupiers for the time being of the adjoining land and their under-tenants and servants at all times and for all purposes to pass and repass with or without vehicles over the piece of land".
We have never had a problem as our neighbours keep to themselves and their horses but now now our neighbours are selling up. We have been told that the new buyers aren't interested in the horses field (we are worried that they may try and build a house on it) and therefore could our access path become a driveway to a property? This would ruin the look, feel and privacy to our garden and is, after all, our land - we just allow them access through the covenant. We are not 'nimby' people but we are worried because further down our road a man recently bought pasture land for what he claimed was a pig farm - he has put pigs on it but is obviously running a scrap car business which is noisy and smelly - however somehow the council have overlooked it. Can people build on a field currently for horses? Can we dispute the covenant if we get iNto difficulty and what are our chances? We are hoping our neighbours might just be a nice family with no biophysics development plans but just in case - What are our rights if we ever get into a dispute?
I need your help.
I had an extension built 6years ago, I got planning permission and building regulation passed by my local council, I am now in the process of selling my house and it has come to light the house has a restricted covenant and my buyers solicitors are asking did I get permission to have the extension built by the people who put the covenant in place, the people who put the covenant in place are the local council who I got permission to build the extension from. When I tried to talk to someone at the council they didn't seem to know what I was talking about.
They want me to pay to have an indemnity insurance by surely I have already been given permission for the extension. Could you please let me know where I stand?
Kind Regard
we run a nursing home and our neighbours boundary are bushes and trees most of the bushes are some 20-30 feet tall we would like to trim these down to 10 feet, the neighbour is reluctant to allow this what rights do we have to cut these to a reasonable height
I look forward to your reply
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