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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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35 years ago I made a verbal agreement with my next door neighbour,

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35 years ago I made a verbal agreement with my next door neighbour, with whom I was on very friendly terms, that I would not object to his proposals to build a garage on his property, even though it slightly blocked light to my lounge window, and the rainwater gutters would slightly overhang, and hence encroach on my property, provided that I would always be able to access my property via his new flat garage roof for carrying out essential maintenance.
The neighbour died some 10 years ago, and his son, who lives elsewhere, now wishes to build a side extension above this garage, and he will then sell the property. This proposal would be detrimental to my property in many ways. Do I have any legal grounds to enforce the agreement which I made with his father?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. I regret to say that in order for this agreement you made with the father to bind the son, who is his successor in title, the original agreement would have had to have been in writing and if necessary registered against your neighbour's folio. This is because the Statute of Frauds provides that all agreements in relation to property must be in writing in order to be valid. Here in order to be able to bind the son you would have needed to reduce the agreement with the father to writing and to have registered it against his folio in the Land Registry. Otherwise, an agreement restricting the development rights of your neighbour's property is not valid. So here the oral agreement is no longer enforceable as the party who agreed with you is now dead. It does not bind anyone else unless it was reduced to writing.

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