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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9335
Experience:  I have been practising for 30 years.
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I am purchasing a property called Cherry tree cottage. This

Resolved Question:

I am purchasing a property called Cherry tree cottage. This used to belong to the frm nextdoor called Colliers Farm. Colliers Farm sold Cherry Tree cottage and its land 20 years ago, but there is a Conveyance. In the Conveyance for Cherry Tree Cottage it states:
(c) Not to alter the line of the outer walls or roofs of the property
except with the consent of the Vendors or their successors in title
owners occupiers of the property known as Colliers Farm which consent
may be refused for any extension to the property where windows on the
Northern side thereof are not fixed with obscure glass.
My question is:
1. Can Colliers Farm refuse consent for an extension where windows on the Northern side are fixed with obscure glass? Can I just go ahead with erecting such an extension even if Colliers Farm refuse consent or refuse even to discuss the matter of consent?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Are the owners in Colliers Farm the same owners who were there 20 years ago?

You have to have consent. You cannot go ahead without. It says you can’t alter the line of the outer walls or roofs except with consent of next door. It says that consent may be refused if any extension to the property does not have obscured glass on the northern side. So you must have consent.

However there is no mention of consent not to be unreasonably withheld or delayed and hence, whilst it says that you can’t go ahead without consent, they can refuse for whatever reason they like although it does actually state that consent may be refused if it doesn’t have obscured glass. They can refuse for other reasons, even unreasonable ones.

If you proceed without consent, and they take exception to it, they can apply to court for an injunction to stop the work.

Can I clarify anything for you?

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