Restrictive Covenant: Neighbour's Summerhouse Issue HELP!

Lizzie672 · 13 June 2018 at 2:38PM

Hi All

I wonder if you can possibly assist me at all

We recently moved into a relatively new build on an estate that is around 6 years old. My neighbour originally had a small summer house in their garden which they have recently upgraded to what can only be described as the equivalent of Chatsworth House - only standing at a maximum of 2.5m tall so as not to need planning permission! Thanks to a variation in ground height this still leaves it sat a good 4ft above our fence

I'm really concerned with this as it basically runs horizontally boundary to boundary in her garden and imposes on our garden - which we're currently redesigning - so it's really disappointing that this is overshadowing what would have been quite an exciting project

I have obtained the original deeds via the Land Registery and there is a restrictive covenant in there that states:
"5. No buildings shall be erected on the said piece of ground hereby
conveyed or on any part thereof other than such buildings as in the
opinion of the said Surveyor may be necessary either in the conduct of
the said trades of a Nurseryman or Florist or in the occupation of the
said piece of ground as a Private Pleasure or Sports Ground and such
buildings shall be erected only in accordance with plans previously
approved at the Purchaser's expense by the Surveyor aforesaid."

However, as I don't speak legal-ese I wondered if anyone could advise if this is worth potentially pursuing based on this. Do I need any additional documentation; I'm trying to obtain the most recent version from solicitor as well? When it refers to the Surveyor I assume this is the original deedholders, however in the event that recent estate build has kept these in place is this in reference to the building company?

We are currently trying to negotiate with her to reduce the height but want to explore every avenue possible, particularly when she keeps throwing not requiring planning permission back at us!

Thanks so much for any help in advance!

L

foxy-stoat · 13 June 2018 at 3:02PM

If the purpose of the building could be classed as private pleasure, within heights and floor areas and on a single floor I am not sure there is much you can do about it.

If it overhangs you will have an issue but if it blocks out a bit of sunlight then you make draw a blank.

What is the area of the garden and area of the building?

AdrianC · 13 June 2018 at 3:06PM

Yes, the covenant is for the benefit of the estate's developer - but they probably won't care, if they've sold all the plots.

You could always increase the height of the fence... or grow something tall in that part of your garden. Being able to see the roof of a shed-with-pretensions is not the greatest ill that could befall your lives, y'know.

Beenie · 13 June 2018 at 3:17PM

I am not entirely sure about this, but don't sheds and summerhouses come under the classification of temporary buildings? No planning permission required and all that?

shortcrust · 13 June 2018 at 3:21PM

Beenie wrote: »

I am not entirely sure about this, but don't sheds and summerhouses come under the classification of temporary buildings? No planning permission required and all that?

A restrictive covenant could ‘override’ that, but as AdrianC says it’s the developer who has the benefit of the covenant and it seems incredibly unlikely the OP will be able to persuade them to take action.

Lizzie672 · 13 June 2018 at 3:46PM

@foxy-stoat The building width / depth is around 13m squared, which means it also isn't covered by any building regulation restrictions.

We are trying to calculate if it takes up 50% of the garden area, but I would safely bet it's just under - these summerhouse companies sure know what they're doing, regardless of how unreasonable the location or scale !

@AdrianC This is certainly an avenue we are also investigating and thankfully it's not too late to incorporate into the design of our own renovations - hoping that fence height restrictions won't restrict us from blocking it out or that the owner will do us the courtesy of allowing a slight increase in height under the circumstances. Might be worth a go asking the original developer if we can get hold of them as I have just heard from another neighbour that they were quite strict and had another property alter their shed so perhaps an avenue to pursue.

diggingdude · 13 June 2018 at 3:59PM

What are you trying to build that this is stopping?

Sea_Shell · 13 June 2018 at 4:01PM

Do you have north facing gardens...is that the only bit that gets the sun, so that's why they've put it there?

Lizzie672 · 13 June 2018 at 4:19PM

@diggingdude - it's the size of the structure and the fact it overlooks our garden that is the only issue. I am not adding any buildings / structures to our side of the garden.

@Sea Shell - that would actually be the only area to get some sun now I consider it you're right!

bouicca21 · 13 June 2018 at 4:19PM

I'm a bit puzzled about the reference to nurseryman or florist. Does the covenant predate the current residential development?

Lizzie672 · 13 June 2018 at 4:25PM

@bouicca Yes this is from the original and was on the Land Registry summary I received. I think we will speak to our solicitor on if there is a specific set for our estate. It's a managed estate, built on what was previously a nursery site - hence the wording. As we are a managed estate there are certainly rules around facias etc. so perhaps there will be something in there.

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Restrictive Covenant: Neighbour's Summerhouse Issue HELP!

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