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Problem re covenant

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  • Problem re covenant

    I live in a private cul-de-sac of six houses. My next door neighbour is applying for planning permission to build a two story extension to his house. When I bought my house my solicitor advised that a 'transfer' schedule set out obligations, one of which was not to erect further buildings, walls or fences without the consent of a named limited company. However as far as I can tell this company was dissolved in the 1980's.

    Does anyone know if I can still challenge this neighbours right to build if planning permission is granted or can a challenge only be made by the company named?

    Any advice gratefully received!

    Thanks

  • #2
    My initial impression is that it's up to the original building company to bring action as appropriate - but I would seriously recommend ringing a solicitor who specialises in residential property for a quick word of professional advice.

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    • #3
      Dear Sam,

      First thing i would say is it sounds like a restrictive covenant. First of all you should get all your facts correct, by this i mean obtain copies of all your title deeds and your title register if available. You should do the same for the property of the person intending to build.

      If it is indeed a company name the likely benefactor of the covenant (the person who could enforce it) is the developer. The company will likely have been dissolved because it was a special purpose vehicle, a special company set up for the development. They will most likely have derived the benefit from maintaining ownership of the Cull De sac road way, you can establish this by doing a search of the index map.

      The other reason it may be under company ownership (the covenants benefit) is because it was handed to a residents association that has since dissolved.

      The benefactor of the covenant is certainly able to challenge his building rights regardless of planning permission. Planning is just permission from the local authority to build, it does not supersede any private agreements.

      I would also be a little concerned as to the wording of the covenant as it may not cover extensions, as it is neither a wall nor a new structure.

      I would seriously suggest you seek a 'sanity test' from a barrister (this is not meant to be offensive, this is the name of the legal advice you appear to require)

      I hope this helps

      Comment


      • #4
        Setting aside the restrictive covenant issue, if you feel that the two storey extension is out of character with the other houses in the area, will lead to your property being overshadowed or 'harmfully overlooked', then you can object to the application, of course.... but with no guarantee of success.

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