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Buying a house Dog related Covenant/Condition, help please.

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Comments

  • <sebb>
    <sebb> Posts: 453 Forumite
    I think others have made the same points but I'm just going to reiterate this in my own words.

    You have two separate problems, only one you have actually asked for advice on.

    1. The restrictive covenants. You said you have already asked for advice from your solicitor. When you get it, take it. The comments on here are mostly posted by legal laymen. You have paid your solicitor for this advice, their advice outweighs anything said on this forum.

    2. Your neighbours. You did not ask for advice on this. Many people on this forum have expressed the opinion that if you moved in next door with your dogs, they would not be happy. This is not a legal issue (subject to the advice from your solicitor in respect of 1). This is about whether you care about your neighbour relationships. Regardless of your excuses or reasons why it shouldn't bother people, there are a number of people on here who say they would not like to live next to you because of your dogs. If you want a happy and healthy relationship with your potential new neighbours then do not ignore this potential area of conflict. Explore with your potential new neighbours how they will feel about you moving in.
  • churchrat
    churchrat Posts: 1,015 Forumite
    martindow wrote: »
    Wherever you end up living, with a covenant or not, your neighbours may not be as delighted with your dogs as you are.

    thats true about everything isn't it? I like dogs, don't like cats, caged birds, people that play the radio in the garden (there really should be a law against that) or DIYers that fix thier car in the street.
    LBM-2003ish
    Owed £61k and £60ish mortgage
    2010 owe £00.00 and £20K mortgage:D
    2011 £9000 mortgage
  • martindow
    martindow Posts: 10,580 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    churchrat wrote: »
    thats true about everything isn't it? I like dogs, don't like cats, caged birds, people that play the radio in the garden (there really should be a law against that) or DIYers that fix thier car in the street.

    Yes, it's true that a lot of things can be a bone of contention and it certainly includes keeping dogs.

    It's a matter of scale isn't it? A person tinkering with their car on odd occasions is very different to a constant stream of cars being mended. A single dog is quite different to a considerable number of dogs and puppies.

    The OP does not seem to accept that other people could see her dogs as being a problem because she likes them. There is certainly a lack of empathy with those who said they would not want to live next door.
  • GDB2222
    GDB2222 Posts: 26,344 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Your post read like you meant 12 adult dogs plus the puppies. It confused me too (doesn't take much).

    That's interesting, because it seemed clear to me at the time. "you are really talking about a total of 12 dogs + puppies". I thought the word total made it unambiguous, but apparently it was not. Oh well, there you go. For what people pay for the benefit of my wisdom, they really shouldn't complain. ;)
    No reliance should be placed on the above! Absolutely none, do you hear?
  • sp1987
    sp1987 Posts: 907 Forumite
    edited 9 July 2010 at 5:52AM
    I think the OP to be honest has been at best, unreasonable and rude to a number of posters.

    I have grown up with dogs my whole life and actually worked for someone who did indeed breed dogs at one point (border collies, she used to show them so again, only the occasional litter from prize winners, it was by no means a business). Did they stink? Yes (I cleaned them out quite regularly myself so can certify it was not a hygiene problem. Animals, like a lot of people in large numbers, stink). Did they make a noise despite being fabulously trained dogs? Yes! Would I seek redress for a breach of a restrictive covenant which seeks to allow a maximum number of dogs on said property if she moved in next door? Yes. The same way I would be seeking to enforce a covenant that stopped someone opening an all night supermarket next door. I would have moved in somewhere that did not permit something and wished that to continue, the breach of such causing me to lose the enjoyment I obtained from not having 20 teenagers staggering around.

    That is as someone who loves dogs.

    But my lord you have a severe attitude problem, swearing at all and sundry calling other posters 'retards' because they didn't post what you wanted to hear. I would be equally as worried about multiple calls to environmental health/complaints about noise disturbance to the council regarding the dogs as much as a covenant with a disgruntled neighbour, too.

    If you applied yourself to the task at hand you could quite easily look up enforcement of restrictive covenants relating to property on google, thus avoiding the freedom of speech and personal opinions that a forum brings. Don't ask people to tell you what they think, if you don't want them to oblige. Though why one would be paying circa £200 an hour for someone to look this up (worrying if she does a lot of conmveyancing mind you that it needs to be looked up) and then ask people who in the vast majority will be unqualified in the area is a mystery.

    I wonder if the OP has considered a career in politics, she seems quite the diplomat.

    *waits for the obligatory few ****'s to pop up*
  • GJUK_2
    GJUK_2 Posts: 38 Forumite
    I think you might struggle to get on with your neighbours, with or without your dogs.

    If it was you, I'm sure you're right.
    I think the OP to be honest has been at best, unreasonable and rude to a number of posters.

    Hardly, I ask a question and end up with feedback about dogs smelling, how people would hate to live next door to me and my dogs. As a result I'm blunt with my responses.

    Anyway, got the feedback/info that I need now. Thanks

    I'll progress with the solicitor from here on in.

    Jon
  • neverdespairgirl
    neverdespairgirl Posts: 16,501 Forumite
    prudryden wrote: »
    I am still under the impression that only the originator can enforce a convenant. Even though the neighbours may have the same convenant, I thought that they have to get the originator to enforce it. I certainly stand to be corrected if I'm wrong. I would be very interested in what your legal guy says.

    I could be wrong (not my area of law) but I think it's the person with the benefit of the covenant, which might not be the same thing as the originator
    ...much enquiry having been made concerning a gentleman, who had quitted a company where Johnson was, and no information being obtained; at last Johnson observed, that 'he did not care to speak ill of any man behind his back, but he believed the gentleman was an attorney'.
  • arlybarly
    arlybarly Posts: 985 Forumite
    Part of the Furniture Combo Breaker
    I would be very careful of breeding your dogs if you have a covenant in placce as i recently bred my German sheps and the noise at feeding time was like screaming babies going through your ears. Luckily i have great neighbours with loads of cats so they wernt bothered and i spent a lot of time apologising to them for the noise. As for the smell, well,, to say they dont smell is stupid, im a clean freak and my house stunk of pee for the first 5 weeks and when they went into the outhouse outside the back door the pation stunk of wee as well even though i wasw cleaning it off every couple of hours. Thank god i have good neighbours who put up with it but only one person would have to complain then you would be in serious trouble.

    Another thing which really made me laugh, if your having 2 or 3 litters a year then you are a breeder and not doing it occasionally, you are doing it for the money as i have never heard of a breeder giving her puppies away at cost price. Yes it does cost a lot of money to breed BUT if everything goes to plan then you are left with a considerable amount of money left over.
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