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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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i own the land which i have built a garage on .Have had to

Customer Question

i own the land which i have built a garage on .Have had to go to planning inspectorate as my neighbour objected. there are covenants on the land dated from 1916.Do the covenants belong to me as i own the land? Can my neighbour take me through the civil law system for compensation?
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

If your land contains covenants that prevent you from doing this kind of building on your land, then somebody (i.e. your neighbour) may be able to enforce them.

Max Lowry :

They generally "run with the land" meaning that they bind successors in title of the land, not just the original owner that agreed to them all that time ago.

JACUSTOMER-2p494ukt- :

so have i commited an offence againest myself?

Max Lowry :

This is not a criminal issue - no offences are committed.

Max Lowry :

This might be a "civil wrong".

Max Lowry :

The person who can enforce the covenant might argue that the building is in breach of it and should be ordered to be removed/demolished etc.

Max Lowry :

That's possible.

JACUSTOMER-2p494ukt- :

how does he instigate proceedings and who decides wether to go aheadwith his case againest me/

Max Lowry :

It would be a Judge who decides, and it would be in the High Court most likely.

JACUSTOMER-2p494ukt- :

this seems rather harsh can i offer him cash to go away and return to turkey

Max Lowry :

Yes, you can offer him this, and he might just go away. Also, this might be taken into account by the Court in deciding whether to grant any such demolition order etc, if he asks for it.

Max Lowry :

An injunction is discretionary you see.

Max Lowry :

You could apply to the Lands Tribunal to have the covenant removed if it's no longer relevant. This can be difficult to achieve, but it's possible. There is guidance the relevant principles here: http://www.johnantell.co.uk/home/restrictive-covenants-land

JACUSTOMER-2p494ukt- :

o.k thanks for info.Makes me feel so proud to be an Englishman in my own country trying to be turned over by some young sprog solicitor of turkish descent who has the benefit of an education system that i have paid for. For what it is worth i feel that the whole system needs overhauling and simplyfying staarting with election of judges. removal of the unelected hose of lords and the royal family just because the system has been running all these years does not mean it is the best way forward o.k going now rant ove cheers mickmatt

Max Lowry :

I know its not what you want to hear, but I'd rather be open and honest with you! Anyway, I hope this answers your question. If you need further information, just let me know. Please do remember to rate my answer as highly as you can.

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