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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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My neighbour used to own my rural property, he put a restrictive

Resolved Question:

My neighbour used to own my rural property, he put a restrictive covenant on the property (which I have a mortgage on) two previous owners back. It states that the owner cannot run a business from the property. I have tried to sell this property for the last 3 years at up to 100,000 under value but my buyers have been put off by the neighbour loading up my entrance with scrap and diggers trailers and general junk. I asked him politely twice to remove the mess which he ignored. After a month after asking him I got the council and police involved and most of the junk has been moved however we now have to inform any prospective buyer of the conflict which has put them off. I was one of the last people to get a self assessment mortgage and now my deals run out and they've changed the re lending criteria I'm now in a situation I can't get out of. So, can I legally part let my property to cover costs as my job doesn't on its own cover the mortgage or will I be in breach of this covenant.if I'm in breach of the covenant could I fight it?
kind regards
Alanpittaway
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
Matt Jones :

Hi I will try and help

Matt Jones :

can you tell me exactly how the covenant is worded? i.e. can you re-type it out here

Customer: hi
Customer: hi i will find the deed and type it word for word
Customer: not to use the property for any purpose which maybe or become a nuisance or annoyance to the owner of the retained land or which might lessen the value of the retained land or any biulding errected on it.
Customer: not to use the property except as a private dwelling with garden and garage
Matt Jones :

thanks

Matt Jones :

will you be separating the property physically or building another house on the land in order to let?

Customer: no i wont, i intend to live in a caravan on the plot, i will still use my address. and the services. plus live in the house itself over 4 months a year
Matt Jones :

Ok thanks

Matt Jones :

in relation to the covenant my feeling i that you wont be in breach of the covenant. There is case law that indicates that indicates that where a covenant is worded "private dwellinghouse" this would included multiple dwellings, however where the word "a" is also used this catagorises the covenant to only one dwelling. IN these case however someone was actually building another property on the land, which is not your intention. You are not actually creating a new property but occupying the same property but with another family. The covenant does not say that the property is only to be occupied by one family so that is the reason I think you will no be breaching the covenant.

Matt Jones :

Two other considerations for you (1) you may consider getting insurance to cover the risk in the other side taking issue and claiming a breach. Insurance for an anticipated breach can be quite expensive (and indeed may not be possible if the insurance company think it is too risky) but may be worth investigating. That way if someone tries to take issue with your activities (whether correctly or specutively) you just pass this to the insurance company

Matt Jones :

(2) the joint occupation may be in breach of your mortgage conditions, so you need to take that into account

Customer: thanks very much Matt, thats a great help, i dont suppose theres a particular insurance company you could recommend is there?
Customer: kind regards
Customer: alan pittaway
Matt Jones :

there are quite a few out there. One that I use are http://conveyancinginsurance.co.uk/

Matt Jones :

however the polocy will have to be quite bespoke and not "off the peg". To ensure that it covers you sufficiently you may wish to employ a Solicitor to put a proposal together ensure that you are covered

Matt Jones :

Hope this has helped, if so please leave me positive feedback so I can be paid for my time. The question wont close and you can ask any further questions if you think of them at a later date.

Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience: I am a qualified and practising Solicitor with over 7 years post qualification experience
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Expert:  Matt Jones replied 2 years ago.
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Expert:  Matt Jones replied 2 years ago.
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