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chatham-chamber
chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 11847
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I want to build a smaller house in my large garden. All the

Customer Question

I want to build a smaller house in my large garden. All the large houses with large gardens have the same covenant, many have sold their land, and houses built on this land, what is the best way forward? could i sell my building plot to my daughter, Not including a covenant, and then build legally? or can you advise something else Please?
Submitted: 1 year ago.
Category: Property Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Thank you I will wait.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  chatham-chamber replied 1 year ago.
Hi,What us the exact wording of the covenant contained within your deeds?
Customer: replied 1 year ago.
I will type in the exact wording in my Title Deeds:1. A Conveyance of the land in this title dated the 31st may 1934 made between 91) George Alan Simmonds (Vendor) and 2 Catherine Beatrice Dittmar (Purchaser)contains the following covenants:-"the Purchaser with intent and so as to bind the said property hereby conveyed and all persons in whom the said property shall for the time being be vested and to benefit and protect the adjacent land of the Vendor but so that neither she nor they shall be personally liable after she or they has or have parted with all interests in the same hereby covenants with the Vendor that she the Purchaser and her successors in title will at all times observe and perform the stipulations and restrictions specified in the First Schedule hereto The Purchaser for herself and her successors in title hereby further covenants with the Vendor as follows:-(1) Forever to maintain sufficient stock proof fences along the Eastern and North Western boundaries of the property hereby assured.The First Schedule above referred to(1) No trade procession or business of any kind shall be carried on upon the said property and the same shall be used as a private residence only.(2) No act deed or thing shall be done or permitted to be done on the said property which may be or grow to be a nuisance annoyance damage or disturbance to the Vendor or any person deriving title under him or which may tend to depreciate the value of the adjoining land of the Vendor for building purposes.The land is subject to the following rights reserved by the conveyance dated 31st May 1934 referred to above:-Part of our land had already been sold to our neighbour to build a houseIn 1982 this property was given Planning permission to change of use to a Residential elderly Nursing Home.We purchased the house in 1984In 1923 GA Simmonds purchased around 45 acres and build on the land, applying the covenant to each house, transferred to the next Purchaser, many have sold their land, built houses on the land, we would like to build a smaller house on our land and sell the large house, we would 'sit' between our neighbour and our house. Our neighbours house has very large hedges screening their house, and our new plans have no overlooking windows to their property.I have researched thoroughly on the internet and came across 'Contractural Construction- Cook v Broad; whether the requirements of consent in a restrictive covenant is carried to a vendor's successor in title' there is a very large piece of work citing several Judgement's, but NOT sure if this 'fits' into our scheme.I am of the opinion since the Covenant was put in place on every property since 1923 as they were built (ours in 1934) who is there to object? they are all deceased.Can my neighbour object? and to whom? what would be my next course of action?
Customer: replied 1 year ago.
Have my written extracts from my covenant reached you
Expert:  chatham-chamber replied 1 year ago.
Hi,I have received your further information. I will review and revert back to you later in the day.Kind regards
chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 11847
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
chatham-chamber and 2 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Please be advised it is clear I am NOT going to get a phone call, and I could wait for ever for your expert to return, please refund my two payments please on the card used for my payment to you.
Expert:  chatham-chamber replied 1 year ago.
Hi,I attempted to call but was unable to connect. Do you have a contact number i can call you on?
Customer: replied 1 year ago.
I was in ALL day today until 2.30 it is now 4.50 my contact number is ***** 40784. My husband was in ALL day no telephone call?
Expert:  chatham-chamber replied 1 year ago.
Hi,I have received your contact details and will give you a call between 6 and 7pm.Kind regards
Customer: replied 1 year ago.
Am I still waiting fior the expert to ring? or does he want to give up? If so refund my money please. Thank you
Customer: replied 1 year ago.
I am confused my other computer says you have processed my refund is this correct. is this for the two payments I have made you
Customer: replied 1 year ago.
Please refund my money the service I have received from you is not what I expected. Sorry! but obviously too complicated. Please confirm when the refund has been made.