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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We live in a close of 26 houses most of which are link- detatched

Resolved Question:

we live in a close of 26 houses most of which are link- detatched our deeds state our garage's sole use must be a garage however we have new neighbours who have informed us they intend to convert their garage which is adjoining our house into a dining room and utility room. Is this action legal,or is there someway we can prevent it.
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if you have checked their deeds to confirm if their title has a similar covenant please?Do you have the preamble to the covenant(s) to hand? It should read along the lines of "for the benefit of adjoining land, the transferee covenants to observe the following covenants..." or words to that effect
Customer: replied 2 years ago.

No we haven't had access to their deeds or the preamble to covenant to hand the only information we have is our own deeds

Expert:  Joshua replied 2 years ago.
Thank you. Do you have the preamble to your own covenants? It is a relatively safe bet that they will be in the same form.
Customer: replied 2 years ago.

I am not sure what info you require it states the transferor reserves the right to modify waive or release all or any covenants stipulations or restictions relating to any adjoining or neighbouring land now or hereafter beloning to the transferor whether imposed or entered into or before at the ssame time as orafter the date hereof and the transferor shall not in any way be bound by the plotting or general scheme of any of its adjoining land as may be shown on any time prepared by in in regard to its estate and it may from time to time alter such plotting and sheme of development i such manner as it may seem fit

Expert:  Joshua replied 2 years ago.
Thank you. unfortunately, the above is not quite what I was after - I appreciate transfer deeds can be long documents. the part I'm after will either appear directly above the list of covenants by which you are bound all of the covenants contained in the schedule, it will be the clause in the main body of the transfer deed that provides you are liable to observe the covenants contained in the schedule. It is no great problem if you cannot readily locat it. If you wish to move to prevent your neighbour converting his garage in the manner proposed, there are a number of steps you can take. Normally, a garage conversion with not require planning permission as it would usually fall within permitted development however, it is possible that your neighbours property may have had permitted development rights removed by the local authority. If they have, it is likely your property would also not have permitted development rights you will likely know whether this is the case or not it if you are unsure or wish to be hundred percent certain, you can confirm the position with your council's planning department. The likelihood is that the neighbours would be able to proceed without the requirement planning permission however as removal of permitted development rights is not the norm. If your neighbours do not require planning permission, they will still require building regulation approval but that is not a particularly large hurdle to cross. Assuming their title reflects the same provisions as your own, then the proposal would appear to be in breach of covenant. In order to confirm whether their title reflects the same provisions as those contained on your title, you can obtain a copy of the title from the land registry for a nominal fee of 3 pounds per document.https://www.gov.uk/get-information-about-property-and-land/search-the-registerhaving confirmed that their title contains a like provision to your own, the next step is to ascertain whether you are able to enforce the covenant against them. In order to ascertain this, can be a little bit complicated but you need to read the wording I have asked for above. The covenant(s) need to be expressed to be for the benefit of neighbouring, adjoining or retained land or similar wording which identifies that the covenant they are bound by is for the benefit of the land you own. if you can show that there is a covenant restricting the use of the garage and that your land benefits from being able to enforce the covenants as above, then you could consider serving a notice on your neighbour pointing out the covenant on the title and that you object to the conversion of the garage and if they commence work, you will need to consider whether to enforce the covenant against them so as to prevent the work being completed. If you wish to take enforcement action under the covenant, you would need to apply to the county court for an order which you could do using the following form - there is a fee of £155 which you could seek to recover from your neighbour if your application is successful:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=424 I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 2 years ago.

reading on i have found this info. not at any time hereafter to do or cause permit suffering to be done in or upon said property or any part thereof anything which maybe or become a niusance annoyance danger or detriment to the adjoining neighbouring houses or the occupiers thereof

Expert:  Joshua replied 2 years ago.
The wording I was after will appear before the covenant you mention rather than after it. as above, it should read along the lines of "for the benefit of adjoining land, the transferee covenants to observe the following covenants..." or words to that effect.
Customer: replied 2 years ago.

all there is: the transferee and ihs successors in title shall not by implication prescription or otherwise become entitled to any right of light or air which would restict or interfere with the free use of any adjoining or neighbouring land of the transferor for the building or other purposes

Expert:  Joshua replied 2 years ago.
I'm so sorry that is not it either. If you have the document available electronically you can email me it privately and I can look at it for you?
Customer: replied 2 years ago.

there is nothing else relevant to what you are asking for therefore i feel i am wasting my time trying to resolve this issue with you

Expert:  Joshua replied 2 years ago.
If what you say is true then either a) the covenants are defective (which can happen though it is comparatively rare) or b) you are missing part of the document (sometimes photocopies are made missing pages). A list of covenants on their own are not enforceable. There must be an operative clause which is what I have asked for. I am very happy to look at the document you have and confirm the position for certain. It is entirely up to you of course.
Expert:  Joshua replied 2 years ago.
I am disappointed that you have provided a negative rating when I have 1) spent a lot of time on the above advising how you can proceed and 2) because you have not been willing to provide me with the opportunity to assist. I should be grateful if you would reconsider the above though of course I cannot force you to. I would suggest however respectfully ***** ***** is rather unfair. It is impossible for me to confirm the position if you are not willing to provide me with the document or wording I need.Nevertheless I wish you well in your pursuit of your neighbour.
Customer: replied 2 years ago.

I gave you all the information I have and the original copies of the deeds don't cover the points you asked for there you haven't really helped me in this matter. however i will change the rating, and ask you not to contact me again

Expert:  Joshua replied 2 years ago.
...
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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