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Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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My deeds contain restrictive covenants ,three of which are

Customer Question

My deeds contain restrictive covenants ,three of which are 1) no satellites dishes to be placed on the exterior of the properties in view of the rest of the estate.2) no erection of any structure, including hedges or fences to the front of the building line which detract from the open plan design of the estate. 3) no commercial or business vehicles to be parked at the front of the houses , apart from those delivering goods or services . As there is communal , recreation land in the ownership of the freeholders of our development , we have a management committee of residents.The culprit is the Chair of the Committee. How can the rest of us enforce the covenants!
Submitted: 8 months ago.
Category: Property Law
Customer: replied 8 months ago.
Can you please advise me when I will receive a reply?
Expert:  Buachaill replied 8 months ago.
1. In your deeds, it will state in whose benefit the restrictive covenants run. A restrictive covenant runs in favour of another piece of land. The owner of this piece of land will have the right to enforce the restrictive covenant. My best guess if you are in a communal ownership area that the management of the common areas has the ability to enforce these restrictive covenants. However, you will need to examine your deeds to ascertain who can enforce the covenants. There is no general one size fits all answer. Essentially, once you ascertain from your deeds who holds the benefit of the restrictive covenants against all properties, you can get together and enforce the restrictive covenants against the recalcitrant Chair of the Committee.
Expert:  Buachaill replied 8 months ago.
2. If you want any further information or advice, I will be happy to help further. However, please Rate the Answer as unless you Rate the answer your Expert will receive no payment for answering your Question so there is no incentive to answer any further Questions.

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