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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3692
Experience:  Two years conveyancing experience.
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We have a restrictive covenant that states we cannot build a

Resolved Question:

We have a restrictive covenant that states we cannot build a wood or iron bungalow on our property. We currently have a shed and all our adjoining neighbours have sheds of various sizes and numbers. We are wanting to replace our shed with a larger wood cabin ( it will not require planning permission and will be proper distance from boundaries), but what in conveyancing terms constitutes a bungalow ? Is a cabin or a shed classed as a bungalow?
Submitted: 1 year ago.
Category: Property Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Who is entitled to enforce the covenant? Kind regards AJ

Customer: replied 1 year ago.
I am not sure, originally it was the builders but I believe it would pass to the neighbours who bought adjoining properties
Customer: replied 1 year ago.
Reason for my first question was to see what constitutes a bungalow, to see if i need to investigate further who can actually enforce the covenent
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Does the exact wording say "dwelling house" at all? Will you use the property for an office or some other purpose? Kind regards AJ

Customer: replied 1 year ago.
The wording does not say dwelling house, it only states wood or iron bungalow.
We will use the cabin as a summerhouse, ie for relaxing, watching television, playing pool, reading, maybe the odd meal there etc. Its not going to be used as an office for any business purposes or a bedroom
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Legally a bungalow is a single dwelling house on one floor. If you are not going to use the property for a bedroom or to sleep in - then it is unlikely to breach the restrictive covenant. The use of the word bungalow is quite specific, and normally if these restrictions want to exclude a shed or summer house, they will say the word. In any event, I would not inquire as to who can enforce the covenant, I would give yourself piece of mind and just get a one off indemnity insurance policy for breach of restrictive covenants - it likely will be inexpensive relative to the cost of the building. The problem the person who can enforce the covenant, it is their prerogative to bring the claim even if they are in the wrong - that said it would be an expensive claim to pursue as it would be a private action - the council does not enforce restrictive covenant. Kind regards AJ

Customer: replied 1 year ago.
Last thing, if the kids occasionally slept in it, then this would potentially breach the covenant
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Possibly, but (i) they would not be using this on a permanent basis and (ii) sleeping in their occasionally would make it very difficult to prove the property was being used as a dwelling. Kind regards AJ

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Customer: replied 1 year ago.
Okay, thankyou very much for your help