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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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My neighbour has finally agreed to cut down a large cherry

Resolved Question:

Hello My neighbour has finally agreed to cut down a large cherry tree which is right against my bathroom extension wall and is causing damage to my property. i have had an engineers survey and his report shows that the tree is the cause. My neighbour has agreed on certain conditions, namely that I have to plant a certain number of trees in my garden to replace it and is also demanding that a restrictive covenant be put on the property (she will also put the same on her own property) to require any subsequent purchaser to continue to have the same number of trees in perpetuity. Is this a reasonable covenant?
Submitted: 9 months ago.
Category: Property Law
Customer: replied 9 months ago.
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Expert:  LondonlawyerJ replied 9 months ago.

Hello, I am a solicitor with 20 years experience. I will try to answer this for you.

This sounds more like a positive covenant rather than a restrictive one. What si the real purpose of teh restriction to ensure that the benefiting land can enjoy looking at trees, have shade, privacy?

This is also pretty much empty of meaning as suggested. What is prevent you or a future owner getting rid of the trees and replacing them with dwarf varieties and putting them in the far corner of he garden. As it is an unenforceable burden you might think that there is no harm in agreeing to it.

Reasonableness isn't really the test with covenants.

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Customer: replied 9 months ago.
The suggestion is that the covenant must be added to the deeds. Is that likely to be expensive?

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