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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.
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.
"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.
To remove doubt i think it is worth to enggae your neighbor and seek clarity if they applied for Release of Restrictive Covenant.
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.
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)
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.
If she breached the deed then you will then need to agree on regularising or advise the local authority for the the rightful steps.
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.
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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.
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.
We did chat yesterday.
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.
Hi, anytime from 11:00hrs will be ok.
You are welcome
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
Hi, what do you mean by this "deeds that allow relaxing of covenant rules" please?
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"
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
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.
Hi, I believe I have covered injunction application above. Your neighbour therefore should have given drawings to their vendor.
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.
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.
You are welcome.