Enforcing restrictive covenants?

kidlington

Hi,
We live across the road from a house which has been sold, and a developer is about to put another house on the garden. The planning permission is now through, despite the house being on flood plain area, but we know there are restrictive covenants on the land, saying only one house can be built per plot.
So far, we have checked out a solicitor - they are saying it could cost thousands to enforce the covenants - we stand to lose in terms of view from house, as do our neighbours and being overlooked, plus there area car parking issues.
Is there a painless way to get the developer to pay neighbours who are being affected by the newbuild, on the grounds of the covenants being there?
It is a very gray area - house insurance are saying they won't cover the legal costs - have asked.
Only a few solicitors seem to be active in this area and the law seems a bit woolly on it?

We've learned once the planning permission is through there is nothing you can do.

Any advice from other homeowners who have faced a similar issue?

Thank you

Kidlington

marksoton

kidlington wrote: »

The planning permission is now through, despite the house being on flood plain area, but we know there are restrictive covenants on the land, saying only one house can be built per plot.

Well clearly not.

Bluebirdman_of_Alcathays

marksoton wrote: »

Well clearly not.

Why be so cutting to a newbie? It specifically says to be nice.


In any case, you are wrong - it could well be the case that a restrictive covenant is in place, requiring only one house to be built. However, the law is indeed, as the OP has said, woolly on enforcing restrictive covenants for subsequent owners of the burdened land. As the developer being a professional knows this, it sounds like they are building anyway.


OP, if you haven't touched base with a suitably qualified solicitor, I know one who is very good. However, this will not come cheap - thousands at a minimum running into tens of thousands if the other party doesn't want to play ball (which they probably won't!). As with all things in life, you need to weigh up the costs against the benefits.

TBagpuss

Normally, covenents can only be enforced by the person who benefits from them - if the land was sold to the developer this might have been the original owner, for example.

It would not automatically mean that you benefit from the covenent or are entitled to enforce it.

You don't normally have any kind of a right to a view, and parking issues would be something which could be considered via the planning process, rather than via estrictive covenents.

clockworks_2

You can get planning permission but that doesn't mean it will over rule any restrictive covenants.

Just because you may build there doesn't actually mean you can.

Find out who the beneficiaries are of the restrictive covenants they can enforce it.

clockworks_2

marksoton wrote: »

Well clearly not.

You're wrong.

moneyistooshorttomention

Could you think laterally and there must be (I'm 99% sure there is) a Local Government Ombudsman - ie someone responsible for making sure local councillors do their jobs properly.

If you were to find out the details of said Ombudsman and then get onto these local councillors and get the message over to them of "You are so in for trouble mate - for not doing your job properly - and granting planning permission without having done your homework properly and finding out about that restrictive covenant" then I am wondering if there is a mechanism for withdrawing planning permission - even though its already been given.

There must be some way somehow to "put a spanner in the works" without having to "get legal" and it would be my first thought personally to instantly get googling and:

a. looking for contact details/job specification of local government ombudsman.

b. check to see if planning permission can be revoked if given "without full knowledge of all the relevant facts". (Yeh right - there is every possibility they knew the facts blimmin' well - but were friendly with person concerned and therefore biased). But work on the basis to start with that they've just been inefficient - as the calibre of local councilllors is VERY variable.

unforeseen

It is not within the remit of the planning process to investigate any covenants restrictive or not during consideration of the planning application.

lincroft1710

Planners do not have to acknowledge restrictive covenants, same as they do not have to have regard to land ownership. Their job is to make sure any proposed building works are in line with local area planning designation and conform to acceptable standards of design, size, construction and style.

Thus although they may refuse a 10 storey block of flats in an avenue of bungalows, they are likely to approve another bungalow

moneyistooshorttomention

Back to the drawing board then....if thats the case...

davidmcn

moneyistooshorttomention wrote: »

Back to the drawing board then....if thats the case...

It is the case. You're not merely barking up the wrong tree, but in the wrong forest...