Neighbour in breach of restrictive covenant

get_jo

Hi



We live in a Victorian semi, and next door is a huge house that is slightly newer than ours (probably 20 years or so). That building is built right up to the border of our property, to the south. It is very high and the front of it is about 3 ft from the road. As a result it blocks out almost all direct light from our front garden and the front room. In addition, it blocks light from the back garden in the afternoons.

If the proposal came up for planning now, I don’t think it would have a chance because it blocks so much light and imposes so heavily on our property. Obviously the building was there when we bought the house, and the price probably reflected that (although I admit I didn’t realise just how much the building imposed on our property and how dark our house and garden would be as a result).

Anyway, I have just discovered that the deeds for the next door property contain various restrictive covenants, including the following:

2. That the line on the said plan marked Building Line 10 feet
from the said front boundary line shows the front building line of
each house or porch thereto which may be erected upon the same lot
and that no building or erection of any kind except the boundary
fence shall be put up or placed in advance of the said building
line and nearer the said road than the line.

3. The Purchasers shall not erect or permit to be erected upon
the said land any house or building other than a Villa Residence
of the annual value of £20 at the least and that no building or
erection of any kind except fences shall be put or placed within
20 feet of the [edit] Road.


I read them as follows:

2. they cannot put up a building within 10ft of the road

3. they cannot put up a any kind of erection except fences within 20ft of the road

As the building is literally a yard from the road, it seems to me fairly clear that they are in breach of these covenants.

What can I do about this? Do I have any recourse at all? Can I force them to pull the house down (I wish J)?

Thanks for any help or guidance you can give

scottishblondie

I seriously don't think that any planning department or court is going to force your neighbours to demolish their house. If you really want to know if this situation has any implications seek legal advice. Make an initial appointment with a solicitor, which should be free, take along all the paperwork and details and see what they say.

telfordwhite

get_jo wrote: »

Can I force them to pull the house down

Jeez..:eek:

ILW

The house has been there for around 100 years and now your are disputing a covenant. Good luck.

Richard_Webster

After 20 years breach restrictive covenants become unenforceable.

Even if that wasn't an obstacle you would have to prove that you had the benefit of the covenant, which is not straightforward. Forget it.

carefullycautious

Somebody has too much time on there hands.

Funny thread though

tbs624

It's best to visit a property at different times of the day *before* buying, so that you can see how the light falls.

Were there similar restrictive covenants in the deeds for your own property? It is usual for a solicitor to highlight any RCs to their client property buyers which perhaps would have flagged things up sooner and given you the opportunity to reconsider your purchase.

Had you not trawled through the deeds for next door you probs would just have got on with the dark house/garden you have bought but finding this RC gave you a chink of hope that you could enforce a change. However, as Richard says, after 20 yrs you're on a hiding to nothing.

Get advice from a gardener and/or interior decorator on how to best "lift" the dark room and affected garden area - mirrors and pale light reflective colours/white flowered plants can work miracles

Gwhiz

carefullycautious wrote: »

Somebody has too much time on there hands.

Funny thread though

Or trolling!

get_jo

telfordwhite wrote: »

Jeez..:eek:

Would that be excessive?

It's not a very nice house.

get_jo

Thanks all

actually, have been looking into breaching / annulling / insuring against a restrictive covenant of our own and came across this one on next door's property.

Obviously I wasn't expecting to pull their house down - just wondered if I had a case for, for example, compensation for inconvenience, sunpipes, lightbulbs, vitamin D supplements or whatever.

I guess not.

Thanks all anyway

omen666

Richard_Webster wrote: »

After 20 years breach restrictive covenants become unenforceable.

Even if that wasn't an obstacle you would have to prove that you had the benefit of the covenant, which is not straightforward. Forget it.

Thanks God for that. Can't wait for someone to move in next door for 5 minutes and want to go about knocking my gaff down