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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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My property is one of four properties located within a small

Resolved Question:

My property is one of four properties located within a small private courtyard, ‘Church Down’ in Staffordshire. Properties within Church Down have HM Land Registry restrictive covenants within the title deeds which include within the appropriate schedule:
• Not a) to make any structural external additions whatsoever to the dwelling and garage (if any) forming part of the property.
• Not to do or permit or suffer to be done on the property anything which may be or become a nuisance annoyance or may cause damage to the Company or to the owners or occupiers of any adjoining or neighbouring land
The property adjacent to mine has submitted a planning application to construct a two story seven metres extension within two metres of the joint property boundary. This will result in substantial loss of amenity in terms of light and view along the entire length of my family house.
With respect to the Land Registry restrictive covenants do I have any remedy against my neighbour if he gains planning approval and builds this extension?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear *****, the neighbour here who is applying for planning permission would need your consent and the consent of the other owners who hold the benefit of the restrictive covenant before they will be able to build their extension. For your neighbour, getting planning permission will not legalise what he seeks to do.

Expert:  Buachaill replied 1 year ago.

2. You can take out an injunction to prevent your neighbour building. This injunction will enforce the restrictive covenant which prevents any alteration to the existing structure. so you should get a solicitor to formally write to your neighbour and point out the terms of the restrictive covenant against building.

Expert:  Buachaill replied 1 year ago.

3. It is best that you get the solicitor to formally write to your neighbour before he goes building at all. In this way you can prevent the extension occurring.

Expert:  Buachaill replied 1 year ago.

4. Please accept or rate the answer as unless you rate the answer your expert will receive no payment for answering your question.

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