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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 32980
Experience:  Over 20 years experience
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Nearby property has covenant in deeds stating'not permit use

Customer Question

Nearby property has covenant in deeds stating'not permit use for any purpose other than private dwelling house' but is being used for holiday lets including stag parties. How can a neighbour take action to enforce the covenant without the owner of the property being able to buy out the covenant
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
Do you know who the covenant was entered into between?
Customer: replied 1 year ago.
Cooper Dean Estates and first owner of house and the covenant still applies to current owner
Customer: replied 1 year ago.
an answer to my reply to his question
Expert:  Thomas Judge replied 1 year ago.
Thanks - do you have the benefit of the covenant or is it just between the owner an the original estate?
Thomas Judge and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Just between the owner and the original estate
Customer: replied 1 year ago.
Do you want any more info
Expert:  Thomas Judge replied 1 year ago.
Are you in contact with the owner of the original estate?
Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
any more info needed?
Expert:  Thomas Judge replied 1 year ago.
The key for you will be to contact Cooper Dean Estates as the covenant is between them and the owner of the property. It is for them to enforce the covenant rather than any neighbour.
Customer: replied 1 year ago.
The trouble with this approach is that the estate may simply allow the owner to buy out the covenant rather than enforce it.
Expert:  Thomas Judge replied 1 year ago.
Problem is that they would be allowed to enter into such an agreement

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