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Solicitor4All
Solicitor4All, Solicitor
Category: Law
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Experience:  Director and Principal Solicitor. UK
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My residential deed for the boundary line may have been

Customer Question

My residential deed for the boundary line may have been breached
JA: Where are you? It matters because laws vary by location.
Customer: uk
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My neighbor has built an extension 1 metre away from my hedge, which is the boundhary. The new building wall is now visible in my garden, she has planning permission, however my property deed states in a covenant that no wall can be erected within 25 feet of boundary line.. I am worried this may affect the future sale of my house. I had nothing in writing from her to ask permission in writing from me, in accepting the crossing of the 25 feet boundary covenant. what can I do? i have both deed titles images and diagrams of her planning permission. The government website clearly states that i needed in writing a 'new wall astride the boundary letter' from her. what do i do?
Submitted: 15 days ago.
Category: Law
Expert:  Solicitor4All replied 15 days ago.

Hello there, how do you do? I am Solicitor4All. I am law expert with over 15years practice. Thank you for the inquiry. It is my pleasure to assist you today.

Customer: replied 15 days ago.
Hi
Customer: replied 15 days ago.
no thank you not for the moment
Expert:  Solicitor4All replied 15 days ago.

This is mind bluffing hey, i think you need to engage her on the matter before acting. As there is need for clarity on how she obtained a planning permission.

Customer: replied 15 days ago.
The planning permission officer is saying that she has ticked all the boxes within the planning however the planning consent letter clearly states she needs to check any covenants, as that it a separate law to abide by
Customer: replied 15 days ago.
UNDER THE GRANTED PLANNING LETTER FOR BRACKNELL: -03. The applicant is advised that the following conditions require discharging prior to commencement of
development:
7. Tree Protection
04. The applicant should note that this permission does not convey any authorisation to enter onto land or
to carry out works on land not within the applicant's ownership.
05. This is a planning permission. Before beginning any development you may also need separate
permission(s) under Building Regulations or other legislation. It is your responsibility to check that there
are no covenants or other restrictions that apply to your property.
This is a PLANNING permission. Before beginning any development you may also need separate
permission(s) under the Building Regulations or other legislation. It is your responsibility to check that there
are no covenants or other restriction that apply to your property. If in doubt consult your solicitor or other
representative. A statement of the applicant’s rights is set out overleaf
Customer: replied 15 days ago.
GuidancePreventing and resolving disputes in relation to party walls:https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-wallsExample letter 4 - Line of Junction Notice - new wall astride the boundary
To Adjoining Owner [see note 4]
Of Adjoining Owner's main address [see note 5]
Date [see note 7] 
Dear title [see note 8]
The Party Wall etc Act 1996
Notice of proposed works under section 1(2) of the Act - Line of Junction Notice.
As the owner/s of Building Owner's building [see note 3] which is adjacent to your premises at Adjoining Owner's building [see note 6] I/we Building Owner [see note 1] of Building Owner's main address [see note 2] notify you that in accordance with our rights under section 1 of the Party Wall etc Act 1996 I/we intend to build at the Line of Junction between our properties.
[Only if applicable add - Further information about the Act can be found in the explanatory booklet available to download from: https://www.gov.uk/party-wall-etc-act-1996-guidance.] [See note 9]
I/we would, with your written permission, like to build a new wall as a party wall astride the boundary. If you are content for me/us to build a party wall astride the boundary please complete, sign and return the attached letter [see note 12] within 14 days. If I/we do not receive your written permission or you dissent the wall will be built wholly on my/our own land up to the boundary line
The proposed works are: description of the wall [see note 15]
I/we intend to start works on date of works [see note 10] [if you want to start within the 1 month notice period add - or on the earlier date of [date] with your written agreement - see note 11]
[Only if applicable add - Under the right given by section 1(6) of the Party Wall etc Act it is intended to put projecting foundations under your land.]
[Only if applicable add - Under section 7(4) of the Party Wall etc Act with your written permission, I wish to lay special foundations extending under your land.]
In the event of any dispute between us under the Act, would you be willing to agree to the appointment of an 'Agreed Surveyor'? 
If the answer is yes I suggest using Agreed Surveyor's name [See note 13] but would be happy to receive your alternative proposal. 
If the answer is no, please let me know whom you would appoint as your surveyor.
 
[Only if you are willing to send further notices and documents to the adjoining owner by email add:] If you are willing to receive further notices and documents required under the Act from me/us by email from [email address] could you confirm your willingness to do so and provide details of your email address (See note 14].
 
Yours sincerely
Building Owner's signature/s [See note 14
Customer: replied 15 days ago.
I have had no letter giving her permission to build within the 25 metres, what do i do
Customer: replied 15 days ago.
planning permission is separate to the rights of an owner on a deed from my understanding unless i am missing something?
Expert:  Solicitor4All replied 15 days ago.

"my property deed states in a covenant that no wall can be erected within 25 feet of boundary line" This condition is 25ft on your side of the property.

Does your neighbor have an equal 25ft covenant?

If this is not the case then the extension will not affect you future property sale.

Customer: replied 15 days ago.
she does
Customer: replied 15 days ago.
Here it is
Customer: replied 15 days ago.
I did not get any side elevations in relation to my lowered hedge, she just told me verbally that i would see a roof and possible skylight windows at a distance from my hedge
Customer: replied 15 days ago.
As you can see from the image its so close to my hedge
Customer: replied 15 days ago.
1 metre from the boundary only, on her side
Customer: replied 15 days ago.
I am so stressed about this i trusted her word
Expert:  Solicitor4All replied 15 days ago.

To remove doubt i think it is worth to enggae your neighbor and seek clarity if they applied for Release of Restrictive Covenant.

Expert:  Solicitor4All replied 15 days ago.

Its really disturbing but then engaging also removes the doubt, furthermore you can then advise her that you will seek legal action if need be.

Customer: replied 15 days ago.
Where do they apply for this? Should i not have signed something? giving permission?
Expert:  Solicitor4All replied 15 days ago.

One makes an application to the Land Registry to remove it from the deeds. This is how you do it: How to Remove a Restrictive Covenant (land-search-online.co.uk)

Customer: replied 15 days ago.
this cannot be done without my permission right? I have had nothing like this in paperwork
Customer: replied 15 days ago.
Do you think she has breached the deed?
Expert:  Solicitor4All replied 15 days ago.

The procedure you have posted earlier is correct and you may also need to advise your neighbor of it so that both you and i do not hypothesize the position.

Expert:  Solicitor4All replied 15 days ago.

If she breached the deed then you will then need to agree on regularising or advise the local authority for the the rightful steps.

Expert:  Solicitor4All replied 15 days ago.

Can we agree on taking the engagement of the neighbor first?

If you confirm your expectations then you come back and we take the next step?

I will be available to assist.

Expert:  Solicitor4All replied 15 days ago.

Would you like me to further clarify the answer?   If you would like to ask me a question in the future, just type @ followed by my name Solicitor4All and you’ll be able to select my username to tag me in the question. Thank you!

Customer: replied 14 days ago.
HiI am confused about the Covenant and not certain:Where or who has the CovenantThe developer (company) that bult the 7 homes in Field House Close ceased to exist many years agoI am unclear what you mean by “ …. Can we agree on taking the engagement of the neighbour first?.....”Based on this exchange I understood this was the approach you suggested as an initial step ……. Have I misunderstood what you were trying to say?
In terms of the next statement “…… If you confirm your expectations then you come back and we take the next step?...... Not sure what you mean by this …..Essentially, the newly erected building wall is close to my hedge to the extent the hedge has been cut to make additional space to build the wall.
Expert:  Solicitor4All replied 14 days ago.

Thank you for your patience and copies of the title deeds,

The freeholder is the owner of the covenant .

By engagement i meant to tak to the neighbor.

For the next step you need to write to the planning office,

If your neighbor obtained planning permission then

highlight the restrictive covenant which they may have overlooked,

as far as you know the title deed has not been varied and

get planning explanation for the planning permission.

Customer: replied 14 days ago.
PlanningHi, This is the response:
RE: APPLICATION NUMBER: 21/00295/FUL/AFULZ URGENT
Flag for follow up.
You forwarded this message on Wed 11/05/2022 14:06
You forwarded this message on Wed 11/05/2022 14:06
Planning Enforcement <*****@******.***>
Wed 11/05/2022 13:54Good afternoon,I have been forwarded the below query to respond to.Having reviewed the application referenced above and on our database I can see that the works have planning permission.In terms of any covenants on properties this would fall to be a civil issue between the two parties involved. In this case I would recommend you to seek advice from a solicitor as to if there are any legal actions available to you against the neighbour if there is considered an adverse effect to your property.Apologies that the team cannot be of any further assistance in this case.Kind regards,RichardRichard CainPrincipal Planning Officer (Enforcement)PlanningPlace, Planning & RegenerationBracknell Forest Council[tel://01344%20351136/]01344 351136
***@******.***www.bracknell-forest.gov.ukFrom: Shaista Zafar <*****@******.***>
Sent: 11 May 2022 09:44
To: ***** ***** <*****@******.***>
Subject: APPLICATION NUMBER: 21/00295/FUL/AFULZ URGENTCAUTION: This is an EXTERNAL EMAIL. STOP. THINK before you CLICK links or OPEN attachments.Good Morning,I am the proprietor of 3, Field House Close. Please can I have some clarification on how/why the restrictive covenant in both our title deeds in the Charges Register it sates in 7) (ii) (ii) No building shall be erected upon the said land nearer to the boundaries thereof than twenty-five feet has been overlooked?Please can someone explain this to me as I am very concerned about the wall that has been built right next to my hedge. I am very worried that this will impact the future value of my property, I have been told the roof will go on in the next few days, please see image attached.Kind RegardsShaista
Customer: replied 14 days ago.
What is the next step please? Thank you
Customer: replied 14 days ago.
Dear Soliitor, Thank you for your patience, I need to double check things with my husband and thus the slight delay in replying. When can I expect an answer from you please? Thank you
Customer: replied 14 days ago.
FROM NEIGHBOR TODAYHi Shaista
I will touch base with Justin tomorrow /Friday generally and Re RICs report you have asked for - as I’ve not had a chance to call him today on anything . He is project managing snd i. Control of everything ,. I’ve Been on calls much of the day and not around much tomorrow either .No builders appeared today Unusually , as I was going to ask them to show me against brick where bottom of roofline is , to share with you to review from your side . The scaffolding also makes it all look worse . A roof sloping this way will look so much better. They are ready to start roof work now as soon as some materials appear and roof will be up quickly as they need to make it waterproof .Justin advised this was most sensible way forward at this stage , as drawing something which is about to be structured seems pointless when we can view actual roof quite soon together rather than a drawing .It goes without saying we will work with you to reasonably disguise anything high up , on the side of the house that’s visible adjacent to the hedge if you seam it unsightly ( btw it’s in plan for top part of house meeting roof to be rendered ( not brick) same as other houses ) in the close . It Could be painted differently potentially for example and guttering colour etc can be planned with your input if it helps . Not much “ wall “ is going to show . Totally open to discuss once we have something to view .I’m a little confused - What restrictive covenants are you referring to ?
Customer: replied 14 days ago.
FROM THE CHANGE OF DEED/COVENANT DEPTRE: Covenants on Deed Urgent
You forwarded this message on Wed 11/05/2022 20:02
You forwarded this message on Wed 11/05/2022 20:02
Upper Tribunal (Lands Chamber) <*****@******.***>
Wed 11/05/2022 17:55Dear Sir/MadamThank you for your email.If your neighbour’s Land Registry title contains the same restrictions that are registered against your Land Registry title then the restrictions remain in force unless the tribunal has discharged them following an application made to it, or where you, or the previous owners of your land have signed a deed that the restrictions be revoked. The Registrar strongly advises that you consult a solicitor urgently, and they will be able to advise you as to your rights and potential remedies. I am afraid that we cannot give legal advice.Yours faithfullyHabibur RahmanAdministrative Officer Upper Tribunal (Lands Chamber) | HMCTS | 5th Floor, Rolls Building, 7 Rolls Building, Fetter Lane | London | EC4A 1NLPhone:(###) ###-####9675Web: www.gov.uk/hmctsHM Courts & Tribunals Service logoHere is how HMCTS uses personal data about youYou can submit documents, track the progress of your case and pay fees on-line, using CE-File.For guidance, support or more information about CE-File, please click hereTo register and access CE-File, please click hereFrom: Shaista Zafar <*****@******.***>
Sent: 11 May 2022 15:08
To: ***** ***** (Lands Chamber) <*****@******.***>
Subject: Covenants on Deed UrgentDear Sir,I would like to seek clarification on my deed and my neighbours deed to check if the covenants are still in place or if they have been removed. My neighbour has built a new wall 1 metre away from the hedge and now I can see it from my garden, it's so near my hedge and is going to create a shade once the roof is on in a few days. (See image).My deed states:7 (ii) states: (ii) No building shall be erected upon the said land nearer to the boundaries thereof than twenty-five feet.Please can you confirm if the covenant still applies here, as I am worried that it may de-value my house when I come to sell it.Thank youBest WishesShaista
This e-mail and any attachments is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail. Internet e-mail is not a secure medium. Any reply to this message could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material in response to this message by e-mail. This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. Monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.
Customer: replied 14 days ago.
My Neighbor is asking : I’m a little confused - What restrictive covenants are you referring to ?what do i reply?
Customer: replied 14 days ago.
May I have your name please?
Expert:  Solicitor4All replied 13 days ago.

Good evening, my apologies, I have seen your messages above but regrettably I cannot follow them, I do not if its the formatting. Your neighbour will find the restrictive covenants on their title deeds under the charges register.

Customer: replied 13 days ago.
Was I speaking with you last night?
Expert:  Solicitor4All replied 13 days ago.

We did chat yesterday.

Customer: replied 13 days ago.
Ok please ask the questions and I will answer them for your clarity
Customer: replied 13 days ago.
The council are saying seek legal advice as the covenant checks are the applicants responsibility and they can help no more on this
Customer: replied 13 days ago.
The land registry are saying the covenants are still in place Please see the message from [email protected] justice
Customer: replied 13 days ago.
What do I do now? The roof will go on in a few days
Expert:  Solicitor4All replied 13 days ago.

Thank you your for your messages, if the covenants are still there and the neighbour has not given you evidence that they have been varied then apply for an injunction order.

Customer: replied 13 days ago.
I need to check if any amendments have been made
Customer: replied 13 days ago.
When can I catch you tomorrow to discuss?
Expert:  Solicitor4All replied 13 days ago.

Hi, anytime from 11:00hrs will be ok.

Customer: replied 13 days ago.
Thanks I will try and chat then.
Customer: replied 13 days ago.
I can understand, if the covenants are in place what plan of action are you thinking and why do I need to do this? What’s the procedure for the injunction? Thanks
Expert:  Solicitor4All replied 13 days ago.
They will be breaching the covenants and therefore an injunction stops them from progressing with their project. But lets chat tomorrow.
Customer: replied 13 days ago.
Ok Thank you
Expert:  Solicitor4All replied 13 days ago.

You are welcome

Customer: replied 13 days ago.
Morning I am waiting for neighbor to get back to me. Is there anything else I need to be doing?
Customer: replied 13 days ago.
Please let me know what usually happens if there is a breach of covenants. I am so upset it’s come to this We have been good neighbours
Customer: replied 13 days ago.
Neighbor is saying the architect is controlling the whole project. Does his company reimburse the Nrigbbour for all the money she has spent? She will have to knock it down if the legal covenant is in place am I correct? I also need to complain to the council for letting this happen. Will they compensate her? It’s important I know what will happen so I am mentally prepared for it.
Expert:  Solicitor4All replied 13 days ago.

Morning, I appreciate you are looking out for yourself but are very concerned about your neighbour too but she has breached a restrictive covenant and no thought given to the implications on your rights. It will be for your neighbour to look to who she believes is responsible for her loss if she has to demolish and usually  one looks to the architect or builders or indeed the council if their permission given without thoroughly considering the restrictions already applicable

Customer: replied 13 days ago.
Thank you for the clarity it makes sense however it’s equally a very difficult situation to be in. I would imagine the archetect should have insurances to cover themselves in these eventualities. I have to hold tight and brace myself for what is to come.
Customer: replied 13 days ago.
Let’s look at the other outcome, if there are deeds that allow relaxing of covenant rules then this does not affect the future sale of my house? Is that correct? So the only real problem then is to just try and cover the wall at the hedge? Am I missing any other consideration? Thank you
Expert:  Solicitor4All replied 13 days ago.

Hi, what do you mean by this "deeds that allow relaxing of covenant rules" please?

Customer: replied 13 days ago.
I mean if there is a relaxing of covenants ie the covenants are no longer restrictive
Expert:  Solicitor4All replied 13 days ago.

Ok the name just means you are restricted/barred from doing what is stated as the covenant. So they could be varied or discharged but I cannot see how they can be "flexible"

Customer: replied 13 days ago.
Mmm ok so back to the waiting game. Are there any other considerations that I need to be thinking about
Expert:  Solicitor4All replied 13 days ago.

I am sorry it is frustrating but you do not have to wait if you want them to stop the works, you consider the injunction that we have already discuseed.

All the best

Customer: replied 13 days ago.
What I mean by waiting is that I am waiting for the neighbor to clarify from the architect if covenants are in place If they are I will go ahead with the injunction
Customer: replied 13 days ago.
What do I need to do to put the injunction in place
Customer: replied 13 days ago.
Is this something you can do? What does it cost?
Expert:  Solicitor4All replied 13 days ago.

Thank you, ***** ***** understand but do not let them procrastinate because in the interim the project will be nearing completion. You use From N16A with your witness statement and draft order and file with the county court local to you. I am in court in 15 minutes so if I do not respond immediately I will get back to you later on.

Customer: replied 13 days ago.
Ok Thank you I will keep chasing them. Speak soon
Customer: replied 13 days ago.
Please explain the injunction procedure when you can, how does it work? what happens?
Customer: replied 13 days ago.
by breaching the covenant rules of building within 25 feet of the boundary, how does it have an adverse effect on my property? I need to know this so I can present the correct fact to my neighbor. Thank you
Customer: replied 13 days ago.
facts to my neighbor rather
Customer: replied 13 days ago.
I checked with the land registry the covenants have not been changed.
Customer: replied 13 days ago.
i) No building shall be erected upon the said land except a single detached private dwellinghouse of not less value than Fifteen Hundred Pounds with or without stabling motorcar houses lodge detached offices and outbuildings respectively suitable to be occupied therewith (ii) No building shall be erected upon the said land nearer to the boundaries thereof than twenty-five feet (iii) The erection shall not be commenced upon the said land of any house or other building until drawings showing the intended elevations and the intended facing of the external walls and material of the roofs thereof have been submitted to and approved in writing by the Vendors or their surveyor for the time being and copies deposited with them or him
Customer: replied 13 days ago.
what does 7 (iii) mean please?
Customer: replied 13 days ago.
going to work will be home by 9pm chat then Thanks
Expert:  Solicitor4All replied 12 days ago.

Hi, I believe I have covered injunction application above. Your neighbour therefore should have given drawings to their vendor.

Customer: replied 12 days ago.
are the two covenants separate? And both stand alone or does covenant 7 (iii) cancel 7(ii)?
Customer: replied 12 days ago.
you believe both covenants have been ignored and therefore I need to serve the injunction?
Customer: replied 12 days ago.
What do I say to the neighbor?
Customer: replied 12 days ago.
She is saying the architect is managing the whole project. What should I say to him?
Expert:  Solicitor4All replied 12 days ago.

I am sorry but I think I have explained before that who has breached it for her should not be a reason for you to not challenge her for building within prohibited distance to your home. It is for her to speak to her surveyor but she is the owner of the land and she is ultimately responsible for ensuring any covenants applicable to that land are not breached.

Customer: replied 12 days ago.
Thank you I just needed clarification. The crown court are charging £300 for the form you mentioned. What happens once the court has the form?
Customer: replied 12 days ago.
Can you please give me a step by step course of action to take because I don’t completely understand your previous message. Thank you
Customer: replied 12 days ago.
Apologies it’s a very stressful time for me
Expert:  Solicitor4All replied 12 days ago.

You do not need to apologise. It may be best in situations where you really need every step detailed to the T to  accept the call offer option, it often is easier to talk and ask everything concerning you at once. I am retiring now for the evening but I am happy to pick up in the morning.

Customer: replied 12 days ago.
Ok Thank you
Expert:  Solicitor4All replied 12 days ago.

You are welcome.