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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71147
Experience:  Over 5 years in practice
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Hello. I would like to know EXACTLY what I need to do to LEGALLY,

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I would like to know EXACTLY what I need to do to LEGALLY, to get a RESTRICTED COVENANT waived, so I can get a small prefab metal temp. garage over my car. Covenant was enforced in FEB.1985. It involves a piece of ground next to my Home, where I park my car, and share with another Neighbour. I have seen a Soliciter already, and am in the process of seeing another, as I need to find out DEFINATE. He seems to think the company who made it then have long dissolved, plus 2 other people. Nobody, about 98% of the time parks there, apart from myself and this Neighbour. P.P does not seem to be necessary here. I have measured, and measured , and measured, and NO WAY can I see ANY PROBLEM. It is NOT over a drain, blocking views,etc. and seems to comply with the P.P rules online. It does NOT obstuct this neighbour entering or exiting AT ALL. Another space is available there, where a person parks occasionally, for a short time, but makes NO DIFFERENCE whether a garage is there or not, regarding the neighbour or people enter/exit, as garage would protrude 2ft [24"] the ABSOLUTE MAX. But this Neighbour has been very, very awkward with me, since having some inner Home Improvements last year. She has basically put her foot down that I CANNOT do this, like the Covenant states, DESPITE NO OBSTUCTION to her. I feel even if I get this sorted , she will cause me a load of grief. I did so want to achieve this, as I feel it is merely peanuts compared to what I`ve read some people have built/done, and Covenants waived. ANY help in this, I would most apprecite. I have thought over EVERY AVENUE of this now, and can`t see ANY problem,[legal side out,] apart from sheer awkwardness from her, or possibly others.
Sincerely. David Walder.
Wondered if you could possibly E-MAIL me your answer at the above , as I may not be at this computer too long ! Thanks !
Thank you for your question. My name is ***** ***** I will try to help with this.
Are there any other covenants on the property or your neighbour's property and in particular are there any covenants which she has breached even if they are in respect of anything else?
Do you think she is simply objecting because she sees the covenant and thinks that she can enforce it?
Was the covenant put on by a developer and does she have the same covenant on her land?
Customer: replied 3 years ago.

Hello Jo.

Thank you for your prompt answer ; 10/10 rate. Unfortunately I don`t currently have the papers with me, but as I remember, there were MANY other covenants on the property which I am NOT concerned with. I really don`t know, but don`t THINK, externally, that she has breached anything that I can see.

Yes, I DEFINATELY THINK that she has looked at this Covenant, since I mentioned about having a garage erected there, about 3 Months ago, after speaking to a local Solicitor,who`s been here YEARS,& knows the History of the estate, who feels there`s hardly a problem. I DO feel as you say [despite her denial if any,] that SHE IS trying to enforce it herself, and make her own rules, as she said personal things, that seemed for her own self-gratification, and to me, no problem to her at all ! THIS did concern me emotionally, to seek CONCRETE , EXTRA LEGAL ADVICE.

I`m NOT too certain about the Developer, but I remember it saying ` Signed & Sealed by OLD TOWN PROPERTIES` of Moreton-in-Marsh, Gloucestershire., & a James & Ada Sharp, of 7, Diston`s Lane, Chipping Norton, Oxfordshire. This was all signed and sealed in FEB 1985. Possible developer, but that Solicitor thinks they have long gone. As far as I can accetain and deduce, this Covenant applies/applied to her too.

Is any of this of further help ? If you need more I can answer, please E-MAIL me.


David Walder.__

It is almost impossible to give you a definitive answer without seeing the deeds of her property and your property. I will therefore give you a general answer and explain the principles.
She may or may not have the benefit of this restrictive covenant.
It was put on by the developer and it applies to all the properties on the development then it is what is known as an estate covenant and the benefit and the burden passes to all the owners. It is then enforceable by all the owners against the other owners. Whether it is an estate covenant or not really depends on the wording of who gets the benefit of it.
If there are restrictions on the property which apply to all the properties and it is an estate covenant, enforceable by all the owners against the other owners, then anyone seeking to enforce it must be squeaky clean. In legal parlance they must have "clean hands".
What that means is that if, for example, there is a restrictive covenant not to put up a television aerial but the neighbour has put up a television aerial it means that she cannot enforce any other covenants against you. She cannot selectively breach covenants herself and then selectively enforce other covenants against you.
If however it is not an estate covenant and she is not the one who put it on but it was put on by a developer or perhaps the previous owner of the land who didn't want whatever it is that they are stopping you doing, happening next to them then only that developer or previous owner has the benefit of the covenant and only that developer or previous owner can enforce it.
Depending on the opinion of your solicitor therefore who has access to all the documents, it would be for the neighbour to take legal advice and if necessary seek an injunction to try to stop you doing what you propose to do and whether that happened would depend on how the court viewed the wording of the covenant.
If you simply go ahead regardless, she is the one who is going to have to take you to court and the court will then decide the issue. It really depends on whether she wants to risk that money in going to court.
Can I clarify anything for you?
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Customer: replied 3 years ago.

Thank you SO much Jo , you have been most helpful. I think I just about get the picture.I`m sure my Solicitor will also clarify a lot of this. It IS quite deeply involved. The only thing is, I can`t approach this Neighbour as I say; KNOWING HER VAGUELY,she could prove VERY difficult and resentful to me now, for deciding this, and [if she can,] MAY give me trouble. I don`t know, but would assume, she holds the same deed papers as I do. But I`m sure my Solicitor who has the papers will tell me what to do. I MOST CERTAINLY, don`t want her taking me to Court ! This is my only main worry. Can I just finally ask; if it does have to involve her, I only know her by first name and address. Can I get/pay my Solicitor to write to her, and sort it some way ? If I later I don`t get any joy here, can I come back to you later,with the deed papers manually, or do you only deal online, as I don`t know how to upload attachments.


David Walder.

You can get the deeds to her house from this link for just £3 and from that you will find out whether there are any restrictive covenants on her property and you also know her full name.!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/
The solicitor can write to her and tell her what you propose and ask you to say on what basis she intends to oppose your application and ask for a copy of any covenant which she believe exists and for which she has the benefit.
A letter from a local solicitor giving her the ultimatum will make her either come up with the proof or drop the issue in all probability
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Jo.

Thank you VERY much for all your help and kind advice.I will be adding a further £12 to your £38, making it a round £50. I take it as those are the options I can choose from, regarding her deeds. I will do the first link one for now. I`m sure this will tell me everything, and I can pass on to my Solicitor. Can I just ask if this will tell me ALL HER COVENANTS too? Also, if I DO get all this sorted, and I know in my own mind there are NO known obstuctions to her, and she is purely `BULLYING` me if you like, for her own reasons, and there is no real necessary P.P needed either, [WITH COVENANT QUASHED,] could she take action to reopen it again? Sure this is the final thing I would need to know for now. I will close this account now, and give you EX. RATING, and the bonus. I would DEFINATELY like to speak with you again later,if any further advice or problems.

Many Thanks.

David Walder.

No problem. I am pleased to assist you.
Thank you for the bonus.
If you have her deeds, they will tell you what restrictions are on her property. They will not necessarily tell you what restrictions are on yours but your deeds will show that.
Whoever put any restrictions on your deeds would need to have owned the property which eventually became hers for her to have the benefit of the covenant over you.
The most common way these covenants arrive is when someone sells a part of their land which is next door and they don't want the person who buys it doing something in particular on it. They put a restriction which stops (a common one) anyone building a house (for example) which is more than a single-storey.
If the person with the benefit of the covenant then sells the house to someone else, the successor has the benefit of the restriction over the land next door and can still enforce it. There are sometimes personal covenants which only apply to individuals but they are the exception rather than the rule
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