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Restrictive Covenant Enforcement

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  • Restrictive Covenant Enforcement

    Hi All.
    We share a courtyard with 5 other dwellings and there is a Restrictive Covenant on each of the houses, limiting parking, allowing for access, etc. Various parts of the courtyard are owned by the different houses, but the majority of it is part of one house. Unfortunately, the owner of this house refuses to abide by the Covenant. Most of us have been there for 20 years or so, but these people are new. Any suggestions as to what we should do?

  • #2
    If it's not a silly question, if you have the agreement details, then does it state how to enforce this?


    • #3
      You may have to go to court but, as it is a neighbour dispute, more heat than light is likely to come out of it all, and it will cost a lot of money.

      As a conveyancing solicitor I believe the information given in the post to be useful but I accept no liability except to fee-paying clients
      RICHARD WEBSTERwww.rwco.co.uk
      As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.


      • #4
        I find it such a shame that you would have to go to court to get someone to follow what is in writing. I hope that it doesn't resort to that though. I wish I knew a solution for you but it just sounds like you might have a troublesome neighbor.


        • #5
          If the breech is obvious and recordable it is neither expensive nor difficult - well if you let a solicitor deal with it it will be!

          You will be issuing a N1 claim form for damages (pennies) and an injunction to limit further abuse supported with
          -4 or the 5 title hodlers supporting witness statement
          -photographic evidence
          -correspondence file

          If the neighbour then continues to abuse they are in contempt of court and up for the high jump (hefty fine, some times prison).

          I would strongley suggest seekign a sanity test from a barrister with regards to the covnent before proceeding, this will likely cost £1000 - £1500 and probably get them to draft your particulars of claim also.


          • #6
            The last poster seems to spend his time telling people that barristers are wonderful and solcitors useless - not very edifying.
            RICHARD WEBSTERwww.rwco.co.uk
            As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.