Objection to Lands Tribunal application for modification of restrictive covenant

Frances63

I need a good specialist property solicitor who can help with my objection to the next door neighbour's wish to overturn a covenant & build a 2 storey extension in the front of his house.

I have the benefit of a restrictive covenant which I believe prevents this. The neighbour asked me to lift it a few years ago, but I refused and a local solicitor (who does not do litigation) wrote a letter at that time confirming this, stating that if he started any work regardless I would seek an injunction to stop him.

However as that solicitor 'does not do litigation', (whatever that means?), I now have to find a different one that does, that is an expert on restrictive covenants. Presumably he might have to come to the Tribunal hearing with me, if the neighbour takes it that far.

Can anyone recommend someone suitable? Or at least point me in the right direction? I have no idea where to start looking and don't want just a conveyancing solicitor who will get an understudy/clerk to do the work.

I have a limited time to respond to his application to the Lands Tribunal to 'modify' (read disperse) the covenant, and so need someone responsive and who can act quickly.

I really need help with this as there is so much that I don't understand, being a lay person.

tbs624

Google "lands tribunal " and "specialist solicitor" or contact the Law society and ask them for a list of sols who work in this area of law.

Richard Webster, a conveyancing sol. who posts on here, may be able to offer more specific suggestions

tyllwyd

Have a look on the Law Society website - that will have info on solicitors and areas they specialise in.

Frances63

Thanks all, will do that.

I was hoping that I was covered for legal expenses on my house insurance but unfortunately it looks like I'm only covered for eviction of squatters. Unlucky.

DVardysShadow

Perhaps you should be considering taking offers for your consent to lift the covenant

Frances63

But I don't want to lift it. I don't want him to build.

He has already broken every rule in the book with a previous scheme, where he had permission to change a side extension from 1 storey to 2 storeys but actually demolished the whole house & took all the floors out in order to lower them, put new windows in out of alignment with mine etc. However he got to the demolition stage and then left the house derelict and half demolished for a year! He came a cropper due to buildings regulations, party wall problems with another neighbour, and running out of money.

He just left 3 external walls remaing and a gaping hole in the front, it wasn't even sealed off so anyone could (and did, judging from the empty vodka bottles in there) use it!

I don't mind telling you, I hated coming home and seeing this everyday, it drove me to despair at times. I had to live in a building site for a very long time.

I can't bear to go through that again.

I have just been quoted "anything up to £15,000" for a solicitor.

Why do I have to pay so much to defend my rights!? These are my RIGHTS, why can't "no" mean "no!".

There should be a charity for people like me, who can't afford to defend their rights but are asking for nothing and have done nothing wrong.

So upset.

Frances63

Does anyone have an idea what my chances of winning are?

BitterAndTwisted

It seems to me that a meeting needs to take place with all of your near-neighbours as there might be way to fight this together and share the expense. His past performance will almost certainly have to be taken into consideration. Anyone who has behaved in the way this idiot has can't be trusted to adhere to the conditions of the lifting of the covenant even if it stood a half a chance of being lifted.

Frances63

Thanks, that's a good idea. One other neighbour is going to write a letter explaining the huge objections there have been to the plans over the years. Another has offered to write a character reference for me as the applicant (my neighbour) has accused me of a 'spiteful campaign' in his submissions! Nasty man, I haven't got a spiteful bone in my body.

patman99

You can purchase specific legal insurance to cover your costs.

Frances63

Patman99, thank you so much, I didn't know that, that is very interesting! I will ask the CAB about that when I talk to them on monday.

Thank goodness for this forum!