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Question on Restrictive Covenants
jkaye38
Posts: 1 Newbie
Hey!
Looking for some advice on how to proceed with an objection to proposed home improvements!
I am buying a property in a mid 90's development which has had permitted development removed as well an existing covenant that states a garage can only be used for the purpose for which it has been constructed. No one uses the garages to house vehicles now as they are very tight. As a result they are junk room. The garage is the ground floor of a town house and my partner and I want to convert it to habitable space (a kitchen), providing council are ok with it etc. The developer stated they have no objections as long as neighbours are ok with it..
As the covenant covers all other properties in the development, i reached out to prospective neighbours to assess whether there were any objections. One neighbour has indeed raised concerns due to parking and stress on parking spaces. As garages are not used and the 2bed house has a driveway for two cars, i did not see an issue here (subject to council approval).
The neighbour has contacted the developer to contest the non-objection stating this could be a breach of contract with all other houses in the development.
Can the neighbour enforce this covenant if the developer has OK'd it and what steps could I take to move forward, if any? Advice appreciated all thanks!
Looking for some advice on how to proceed with an objection to proposed home improvements!
I am buying a property in a mid 90's development which has had permitted development removed as well an existing covenant that states a garage can only be used for the purpose for which it has been constructed. No one uses the garages to house vehicles now as they are very tight. As a result they are junk room. The garage is the ground floor of a town house and my partner and I want to convert it to habitable space (a kitchen), providing council are ok with it etc. The developer stated they have no objections as long as neighbours are ok with it..
As the covenant covers all other properties in the development, i reached out to prospective neighbours to assess whether there were any objections. One neighbour has indeed raised concerns due to parking and stress on parking spaces. As garages are not used and the 2bed house has a driveway for two cars, i did not see an issue here (subject to council approval).
The neighbour has contacted the developer to contest the non-objection stating this could be a breach of contract with all other houses in the development.
Can the neighbour enforce this covenant if the developer has OK'd it and what steps could I take to move forward, if any? Advice appreciated all thanks!
0
Comments
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The person who can enforce a covenant is usually the person or body who instituted the covenant or their successorsIf you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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It depends on the wording of the covenant as to who can enforce it.Changing the world, one sarcastic comment at a time.0
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As has been stated, it all comes down to the wording. If it is written for the 'benefit or neighbouring properties' for example then the neighbour may have a point.0
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Neighbour can only enforce the covenant if his house was first sold by the developer after OP's house was sold. Otherwise, his property would not have the benefit of OP's predecessor's covenant.
Even so, it is quite an expensive exercise to enforce such a covenant. People usually think the Council will do it and when they find that they have to give a solicitor hundreds of pounds upfront before he will start work, they think again!RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0
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