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Full Implications of a Covenant clarified

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  • Full Implications of a Covenant clarified

    Our house plot was sold with a marked access as an entrance for 'one residential dwelling only'.
    If the other end of the garden away from the entrance was sold, would it be possible to make another entrance at the far end to then build another house?The newer entrance would access directly onto the Highway and therefore would not effect the other party of the Covenant.

    The other party sold the whole plot to us to build one house 11 years ago.

    I had heard that you could break a Covenant if it no longer caused any detriment to the other party. In other words, this Covenant was designed to protect the other party from too much traffic onto his service road from our main front entrance. As long as only one house (the original one) used the entrance that is OK, and the other party cannot prevent us from creating a different one if it does not effect his land or him.

    Have I understood this correctly?

  • #2
    Re: Full Implications of a Covenant clarified

    As always, it depends on the exact wording used, but if the restriction to one house was only in relation to the access then it would not prevent you building a second house using a different access

    However, you should check the wording carefully: it is more usual for the restriction to one house to affect the land as a whole, rather than the access only, in order to prevent over-development of the plot
    This is based on my experience as a conveyancing solicitor in England, but I do not accept liability for information I give in this forum