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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3694
Experience:  Solicitors 2 years plus PQE
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There is a restrictive covenant on a piece of land dating from

Resolved Question:

there is a restrictive covenant on a piece of land dating from 1937 stating that no more than one dwelling can be erected on it. This covenant was put in place to protect the view and privacy of a large house when land belonging to it was sold off. The owner of the land now seeks planning permission for building houses on it in addition to an existing home. Can the planning dept grant permission if they are made aware of this covenant?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. A restrictive covenant is created by a private contract or deed (i.e a conveyance or sale of land), the planning department will pay no attention to the existence of a restrictive covenant when deciding on a planning issue. They may issue a planning decision that requires a restrictive covenant be placed onto the title (for example new build tower blocks in London often require that the lease owners of the flat be banned from applying for parking permits in the local area - this can be a restrictive covenant). Can I assist you any further? Kind regards AJ
Customer: replied 1 year ago.
Thank you Alex. That is helpful. Would the covenant then be enforced by a decision from the Chancery court?
Yours Sincerely,
Blyth
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. The covenant would have to be enforced by whoever benefits from it. So the owner of the land that benefits from the covenant would have to apply to court to enforce it terms. Alternatively the person that made the covenant could also enforce it.
Customer: replied 1 year ago.
Thank you Alex, I really meant how then could those benefitting from the covenant enforce it?
regards
Blyth
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. They would have to apply to court to enforce it. The council will not be interested in enforcing ot. Kind regards AJ
Customer: replied 1 year ago.
Hello Alex, would that be the Chancery Court or another?
thank you
Blyth
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. I do not think it would be the Chancery Division, you would probably start the claim in the county court and if required it would be transferred to the High Court. As it is a property claim, the chancery court is probably the correct one.
Customer: replied 1 year ago.
Dear Alex,
That is now clear to me, thank you for your help.
enjoy your day.
best wishes
Blyth
Expert:  Alex J. replied 1 year ago.
No problem. I wish you the best of luck. I would be most grateful if you would rate my answer. Kind regards AJ
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