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Have you got the full wording to the covenant(s)?
Does the clause which contains the covenants state " the following covenants are for the benefit of the owner of the adjoining land and his successors in title" or words to that effect?
If you could let me have as much info as possible, that would be great.
I look forward to hearing from you.
The wording is ..... no trade or business shall be carried on on the said land nor shall the said land be used or permitted to be used for any purpose other than that of a single private dwelling house together with outbuildings and private garage in one occupation.......
The wording in the deeds were drawn up in 1938 between parties that are no longer alive. Over the years various house within this private estate have operated business without challenge, however they are now challenging my business operations from home.
We are a group of residents 17 houses in total that formed a company purely for the purpose of buying 28 acres of land around our houses, we agreed the restrictive covenants that were in place with the previous land owners should remain in place, we have always however believed that this was more in spirit than law as we thought they were not enforceable in law. We all own shares of different amounts up to a max of 10% and the company is non trading.
Is that enough information?
Additional information................ There is wording in the deeds that states................
the Vendors and their successors in title that he the Purchaser and the persons deriving title under him will at all times hereafter observe and perform the stipulations and covenants set out in the First Schedule hereto...................
There are lots of references to successors in title within the deeds but I cannot see any wording that includes for the benefit of the owner of the adjoining land.
Yes please continue, what happened to the solicitors I started speaking with?
Please can you let me know when I can receive a response, and has my account been debited yet?
I understand that, but have been waiting for an answer since 29th July?
Please return my deposit
Please refund me .