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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, Our property backs onto another similar property,

Resolved Question:

Hi,
Our property backs onto another similar property, to the one side of our houses is a line of leylandii trees which run alongside the length of our boundary with another development. On our land registry documents it states that the line of trees have a covenant placed upon them that they are to be kept at a maximum height of 4m. Unfortunately the occupiers of the house behind have let their portion of the line of trees exceed the height of their house , with the trees now reaching approx' 12 -13 metres in height. Three years ago I asked when they were going to reduce them and other neighbours have asked also . This year we have asked again a couple of times , always met with a response of yes no problem we will get them sorted. We know this is just talk as nothing has been done and the trees are now blocking light severely in our garden and our neighbours.
Can you please advise where we stand regarding the covenant and the next step to make some progress
Regards...Mr I gray
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Who is the beneficiary of the covenant please?

Customer:

Not sure I just noticed it stated on the land registry document on my mortgage application.

Alex Watts :

Ok - you need to check who is the beneficiary

Alex Watts :

Only the beneficiary can take action

Customer:

How do I do that?

Alex Watts :

Unless you are named, or it says neighbour, you can't

Alex Watts :

You need to get a copy of their deeds

Alex Watts :

You can get this online:

Alex Watts :

http://www.landregistry.gov.uk/public/property-ownership

Alex Watts :

Once you know who the beneficiary is, they can take action to enforce it

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Who is this likely to be ? The council? What if is says the neighbouring estates owners who are a housing association?

Alex Watts :

I can't say it could be any one of those

Alex Watts :

Unless you see what it says in the deeds you can't guess

Alex Watts :

But download a copy, I think it is less than £10

Alex Watts :

Can I clarify anything for you?

Customer:

When I go on the website link provided by you earlier , what exactly am I looking for ?

Alex Watts :

Search with address link at bottom

Alex Watts :

Then fill in the information and download the deeds

Alex Watts :

Does that help?

Customer:

I think so , I will give it a try , thanks.

Alex Watts :

Great, if I could invite you to rate my answer

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

Customer:

Can I enter my address as I am not 100% sure of their door number

Alex Watts :

Well I dont think so because you might get the wrong deeds

Customer:

Okay, I thought so . IF it says the homeowner is the beneficiary what then?

Alex Watts :

Then only the homeowner can take action

Alex Watts :

Or the person named

Alex Watts :

No-one else can

Alex Watts :

Otherwise only option is to complain to the Council - they may or may not be able to do anything

Alex Watts :

Does that clarify?

Customer:

It is a little confusing, in that what is the point of attaching a covenant to the property if the people to enforce it are the one's that don't adhere to it anyway, seems a bit of a nonsense - Thanks for the info' links anyway.

Alex Watts :

Only the beneficiary can enforce it, it is a contractual term in effect.

Alex Watts :

I am sorry its not better news

Alex Watts :

Please do remember to rate my answer before you go



Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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