Restrictive Covenant Query

jarshay

Hi All,

My wife and I bought a property in 2017 which used to be the farm house with an attached farm building and land to the rear. It was separated in 1986 with a covenant and the house moved onto a separate title as did the land and farm building.

Moving forward to 2019, planning permission has been sought on the land behind our house to develop some bungalows, however, after checking and reviewing the title to my property, I see in the Fourth Schedule there is a covenant which states the following:-


‘Copy of the covenant referred to in the save Conveyance.
For the benefit and protection of the adjoining land of the Vendor which is edged green on the said plan and any part or parts thereof and so as to bind the property hereby conveyed into whosoever hands the same may become the Purchasers hereby covenant with the Vendor that the Purchaser and its successors in title will not at any time erect any building or building on Ordance Survey Number XXXX part within hundred feet in an easterly direction of the Eastern boundary of the saint adjoining land edged green on the said plan”.

My question/queries are:-

Is this covenant still enforceable 33 years later?

What/how is best to go about approaching the new owner who intends on developing the land behind ?

As the plans they have had drawn up have a garage to be built within 5 foot of our house at the rear, should I be looking to resolve this before works start?

Thanks in advance

da_rule

The covenant is still enforceable, provided it hasn’t been released.

Approach them however you think fit, they’re your potential neighbours. It might just be worth an informal approach to them to see if they are aware of the covenant and whether they have dealt with it.

Obviously the quicker it’s sorted the better, but you have to think if they refuse to change their plans and proceed, are you ready for the fight.