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propertylawyer
propertylawyer, Solicitor
Category: Property Law
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Experience:  Property solicitor with expertise in commercial and residential property transactions.
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I am in the process of purchasing a cottage. It was

Resolved Question:

I am in the process of purchasing a cottage. It was previously part of a farm. The farm owners sold off the cottage and its garden 30 years ago.and it is now a separate residence on separate land. The Land Registry title deeds state the following:(c) Not to alter the line of the outer walls or roofs of the property
except with the consent of the Vendors or their successors in title
owners occupiers of the property known as Colliers Farm which consent
may be refused for any extension to the property where windows on the
Northern side thereof are not fixed with obscure glass.My questions is:
1. Can the neighbours refuse me permission to build an extension (with obscure glass on the Northern side)? Can their permission be unreasonably withheld?
Submitted: 8 months ago.
Category: Property Law
Expert:  propertylawyer replied 8 months ago.

This is a poorly worded covenant. You need consent. It does not say that consent cannot be unreasonably withheld and this will not be implied. The covenant gives the neighbour discretion and could still be withheld even if the windows are obscured glass on the northern elevation.

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propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 270
Experience: Property solicitor with expertise in commercial and residential property transactions.
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