Property Restrictive Covenant

mqgt

My neighbour's property has a restrictive covenant restricting the building to a detached bungalow or dormy style dwellinghouse. Planning permission has been successful for the dormer to be replaced by a full roof space dormer at the back and the roof and ground floor to be extended at the front, hence creating 2 stories but in the roof, with 3 months for commencement. I have inherited the covenant. Would the restriction be applicable to a full dormer and someone suggested that I had to wait until the work begins before tryng to get an injunction - is that true.

lincroft1710

Usually the only person who can enforce a RC is the person/body who made it (or their successor)

G_M

lincroft1710 wrote: »

Usually the only person who can enforce a RC is the person/body who made it (or their successor)

The covenant coul be written to protect other 3rd parties - it it all depends who has the benefit of the covenat now.

societys_child

Would the restriction be applicable and can you get an injunction to stop it before the actual work begins?

Think it would need to be legal action by someone who has benefit from the covenant.
Council unlikely to be interested as Planning, and Building Control doesn't take account of restrictive covenants.


Will the development affect you?

stator

So the front and back of the house will still be a dormer style roof, just a massive one?
If the convenant only specified that it must be dormer style, then I guess there's nothing you can do.
It's probably not designed to restrict the size of the house, but only only the height. So by making the roof bigger, they aren't violating the covenant as it's not any higher.

mqgt

Thank you for your reply.
If they are in breach, can an injunction be issued before they actually commence work on the extension?

societys_child

Doubt it, to be honest. You might need to take legal advice.

AlexMac

Irrespective of the legal position on enforceability, and assuming you may well fail to stop the project, and assuming you still feel sore at the Council granting Planning approval (to which I assume you objected?)...

Look on the bright side. And think about why you want this stopped? Is it just the hassle of disruption, noise, etc during construction, overlooking/ overshadowing (which the Council will have judged acceptable) or do you simply dislike the neighbour? Either way, it probably won't be as bad as you fear.

We live in a narrow lane (the former mews to the big houses on either side, with rising local property prices) so in the past 20 years, almost all the end of garden garden plots facing our road have been developed. Some of these older, garden-grab building have even been been demolished to permit more intensive new builds.

OK, there is some disruption during the 1-2 year building process, but time passes quickly, and once it's over, all tends to be well. We even had a bungalow opposite replaced by a pair of 4-storey semi's, sunk 2 storeys deep in a 13 metre excavation. Lots of noise and vibration for a couple of months, 32-tonne tipper trucks on our unmade road...

But now we have delightful new neighbours (well one couple at least are an asset, socially- and the other s keep to themselves).

So think positive; if the dormer had already been there when you bought your place, would you really have avoided buying next door?

And it might even put up avearge prices and set a precedent to attract future buyers when you caome to sell- or who knows- you might even want to add value to your place by copying and building up yourself one day.

Good luck whatever you decide; fight - or live with it!

mqgt

Your advice would be sound if they had not already completed 2 large extensions - one of which has already light from my premises. What happened to the idea of purchasing a home rather than a cash cow.

da_rule

mqgt wrote: »

Your advice would be sound if they had not already completed 2 large extensions - one of which has already light from my premises. What happened to the idea of purchasing a home rather than a cash cow.

Is it not possible that they are extending the property so as to make it a home?

In terms of the restriction, you can apply for a pre-emptive injunction, however the Court has to be certain that you are going to suffer loss. The issue you may have is quantifying your loss. Also, the court can, when it feels it is reasonable to do so, award damages in lieu of an injunction.

What is the exact wording of the restriction?

Another option would be to offer to release your neighbour from the restriction in exchange for a payment.