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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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There is a covenant on my neighbours land saying "Not to do

Customer Question

There is a covenant on my neighbours land saying "Not to do or suffer to be done in or upon the said land hereby conveyed or any building thereon any act matter or thing which shall or maybe or become a public or private nuisance or annoyance grievance or inconvience to an adjoining owner or to any occupier of land or buildings adjoining the said plot of land hereby conveyed or which may lesson the value of such land or buildings"

My neighbour has now applied for planning permission to build 4no 5 bedroom detached houses on what is now occupied by a 3 bedroom bungalow.

Can I get an injunction to prevent this happening.
Submitted: 4 years ago.
Category: Property Law
Expert:  Alex J. replied 4 years ago.

Thank you for your question. My name is XXXXX XXXXX I will assist you today.

You would need to prove that building these houses is a private nuisance to you.

Aside from the disruption from the buildings works. What is the long term impact? Is it going to affect the value of your property? Will it damage your land?

I look forward to hearing from you.

Kind regards

Customer: replied 4 years ago.

The houses are on a very narrow unadopted road, where it is possible, but very difficult for two cars to pass each other. With the impact of all the extra traffic that this development will cause it will certainly be a long term nuisance. As the road is unadopted it is maintained by contributions from the residents, it is nowhere near up to highway standards and has no footpaths. The road which will be built to serve these properties faces the entrance to my property and even now the occupants have to drive into the entrance to my driveway to access the property. The residents association are very concerned regarding access for emergency vehicles as there is a high likelyhood of vehicles which are servicing the proposed development (during the build and when they are built) will hamper emergency vehicles to access properties. Although we have not formalised it yet a local estate agent has suggested that the development will have a detrimental effect on the value of existing properties in the vacinity. There are drainage issues at the minute and one can only assume that this development could add to further problems.

Customer: replied 4 years ago.



I have relied to your request for more information. Are you going to get back to me?

Expert:  Ash replied 4 years ago.
I see the expert has opted out - do you still need help?