Hi there. If there has been a continuous breach of covenant for in excess of 20 years, without complaint, then it is fairly well established law that the covenant will be deemed unenforceable. I think your application to the Tribunal would succeed, on the basis that there has been such a continuous breach. Indeed, I am not actually sure you need to go down the tribunal route - you can get insurance against anyone seeking to enforce the covenant, and it will be cheaper and quicker than going to Tribunal. Best, WB
What 20yr breach are you referring to?I'm looking to build a house on my side garden plot and trying to find a breach to overturn the covenant.
Nope.Not unless a swimming pool constitutes a breach that could overturn the RC?