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Restricted covenant neighbour threatening to take me to court

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  • Restricted covenant neighbour threatening to take me to court

    I have been getting harassed by my neighbour since i bought my property. old couple in their 80's and their son who is 50+.


    First of all when i built my outbuilding in the garden for gym and storage, the neighbours started complaining to local authority about noise, when they are all registered deaf, and the outbuilding was about 40 metres away from their property, then they complained that someone was actually living in it. I had built the outbuilding under certificate of lawfulness, the council turned around and said i needed the planninng permission for it as it was too big. i went through so many appeals and permissions, and last march i got the permission to halve the size, which i did and complied with all the conditions as for the landscaping.

    Now till yesterday I thought this matter was over and finished. I was going to build a side extension but thought i would leave it as i do not want to go through another saga of troubles, and depression. but yesterday i recieved a letter from irvin mitchell solicitors that my neighbour will be taking me to the court unless i paid them settlement for building two houses where in the deed covenant you cannot do so.

    This is so shocking, first of all i havent built another house, and its so unbelievable that some people take joy out of doing all this to hassle you.

    I assume they are referring to the outbuilding which is being used for storage of my kids toys and our holiday suitcases, and extra freezer. I am so frightened by this letter as its their words that i have built another house, but how can it be called a house when there is no kitchen, toilet/shower, no running water.

    I spoke to my conveyancing solicitor, he looked at the letter said i don't think you have anything to be worried about. But I fear from these neighbours how they twisted the local authority last time and i had to demolish half of this building and now this.

    If it went to the court wont the judge look at the facts that its not a house, and in the planning permission it says clearly that i couldn't use it for habitable purposes, and it should only be used incidental to the main house. Which it is as its only being used as storage.

    I know from google that the first letter are called "frighteners" but should i be worried.

    PLEASE HELP GUYS AS WHAT CAN I DO TO HELP MY CASE AND SHOULD I BE WORRIED AS I LOST 10KG LAST TIME I WENT THROUGH THIS AND NEARLY LOST MY JOB. AND IF THIS IS OVER WHAT CAN I DO AS THEY ARE ALWAYS LOOKING TO PICK A FIGHT AND I KNOW THIS LETTER IS JUST PURE GREED THAT THEY JUST LOOKING TO SCARE ME THAT I WILL PAY THEM SOMETHING BUT I RATHER DEMOLISH THE BUILDING AS I CAN PAY £10 A MONTH IN STORAGE PLACES TO KEEP THE STUFF THERE THEN GIVE THESES SCUMS A PENNY

  • #2
    Re: My solicitors Reply

    My solicitor has written the following reply.

    The allegation of breach of covenant that you make is unfounded for the following reasons:-

    1: The covenats were imposed in 1923 when the estate was laid out.It was clear that all the properties being erected at that time were first approved by the Estate company limited. ( we note that the company is no longer registered at companies house) . We doubt that any evidence of such approval still exists for any of the properties, but clearly there has been no issue raised in last 88 years. The covenants are not drafted so as to apply to subsequent alterations.

    2: The only part of the covenat intended to affect the estate after the development was completed is the covenant in the fourth paragrapgh " Not to erect upon any part of the land any buildings except private or professional dwelling houses.... and no building erected thereon shall at any time be used except for the purposes last aforesaid...." . There has been no breach of this covenant.

    3: The building erected by Mr Conner has been approved by the local authority and by definition is reasonable and lawful. Not any reading of the covenants can the new building be described as being in breach.

    4: The covenats are not expressed to be for the benefit of individual owners of properties comprised in the estate and because of this we doubt that a court would regard to be a Development Scheme in any event.

    We have advised mr conner that the claim your client is making is vexatious.

    Our client would without doubt strenuously defend any proceedings by your client.


    WHAT DO YOU GUYS THINK

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    • #3
      Re: Restricted covenant neighbour threatening to take me to court

      This is clearly very upsetting for you but - and this is only a layman's opinion - your solicitor seems unconcerned and has written what appears to be a fairly robust reply. In practical terms, the only thing you can do now is to wait and see how the other side respond and in the meantime, try to be calm and patient because the last thing you should do is anything that might exacerbate the situation. I am going through a legal battle myself over a covenant and the natural inclination is to push for a speedy conclusion. After all, no one likes uncertainty. Unfortunately, life - and the law - just doesn't work like that. There may be practical things you can do to establish, or to reinforce, just how reasonable you are being while you wait for the next development but, really, only your solicitor can advise you about this. Hope this helps a little.

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