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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I have restrictive convenants in my deeds, these have been

Customer Question

I have restrictive convenants in my deeds, these have been breached, how can I establish if they can been legally enforced by my neighbours , who have also breached the same convenants over the years?
Liz
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

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.

A

Customer: replied 2 years ago.

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?

Regards

Liz

Customer: replied 2 years ago.

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.

Liz

Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Yes please continue, what happened to the solicitors I started speaking with?

Liz

Expert:  Nicola-mod replied 2 years ago.
Hello,
The previous Expert opted out of the question, probably he felt another Expert would be a better fit.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Please can you let me know when I can receive a response, and has my account been debited yet?

XXX XXXXXXXX

Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise for any confusion with JustAnswer's payment process. JustAnswer is a paid service, but Experts are only paid after a customer is satisfied with the answer that an Expert has given.
When asking a question on JustAnswer, a customer sets the amount that they are willing to pay for a satisfactory answer to their question. Either before the question is posted, or before the answer to a question is revealed, the customer must make a good faith deposit for the full amount that they are willing to pay for the satisfactory answer to their question. The deposit is fully refundable if the customer is not satisfied with any of the answers.
The Expert who answers a customer’s question is paid only after the customer leaves a positive rating on the question page. The Expert is paid using the customer’s good faith deposit, so an additional charge is not made to the customer unless the customer decides to leave a bonus for their Expert that exceeds the value of the credit already on the customer’s JustAnswer account.
I'm afraid JustAnswer cannot guarantee a time but most questions are answered in a timely manner.
Please let me know if you have any further questions.
Nicola
Customer: replied 2 years ago.

I understand that, but have been waiting for an answer since 29th July?

Liz

Expert:  Nicola-mod replied 2 years ago.
Hello,
I understand. We are continuing to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 2 years ago.

Please return my deposit

Customer: replied 2 years ago.

Please refund me .

Customer: replied 2 years ago.
Please refund me