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Category: Property Law
Satisfied Customers: 33527
Experience:  Barrister at Self Employed Barrister
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Nearby property has covenant in deeds stating'not permit use

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Nearby property has covenant in deeds stating'not permit use for any purpose other than private dwelling house' but is being used for holiday lets including stag parties. How can a neighbour take action to enforce the covenant without the owner of the property being able to buy out the covenant
Do you know who the covenant was entered into between?
Customer: replied 2 years ago.
Cooper Dean Estates and first owner of house and the covenant still applies to current owner
Customer: replied 2 years ago.
an answer to my reply to his question
Thanks - do you have the benefit of the covenant or is it just between the owner an the original estate?
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Customer: replied 2 years ago.
Just between the owner and the original estate
Customer: replied 2 years ago.
Do you want any more info
Are you in contact with the owner of the original estate?
Customer: replied 2 years ago.
Customer: replied 2 years ago.
any more info needed?
The key for you will be to contact Cooper Dean Estates as the covenant is between them and the owner of the property. It is for them to enforce the covenant rather than any neighbour.
Customer: replied 2 years ago.
The trouble with this approach is that the estate may simply allow the owner to buy out the covenant rather than enforce it.
Problem is that they would be allowed to enter into such an agreement