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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 1678
Experience:  Freelance Solicitor at Self Employed
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I want to enforce a restrictive covenant on a neighbour. If

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I want to enforce a restrictive covenant on a neighbour. If it can be shown that the covenant is in place and that my property is the beneficiary , who pays the costs of taking it to Land Chambers to seek to remove/modify the covenant ?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: reviewed deeds for my and their property
JA: Where is the property located?
Customer: Worcesr
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The covenants are very clearly written . 1) not to use the property for anything other than a domestic single dwelling and not to take in lodgers 2) not to erect anything in the grounds with out seeking my reasonable agreement. They run both a health clinic from home with visiting clients and a Airbnb and have just erected a treehouse which we challenged through planning but has been approved retrospectively.

Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will get back to you with my answer shortly.

Many Thanks.

Customer: replied 17 days ago.
OK Vineet. Just to be clear I am aware of what a restrictive covenant is and the various tests that are required for one to be enforceable. My interest here is that if we get a solicitor to write to the neighbour making them aware that we know they are in breach and that we want them to stop WHO has the burden of costs in taking it down the further legal route if the neighbour decides to challenge the covenants ? We feel they may simply IGNORE our solicitors letter meaning we spend 6-£700 and it has no positive effect for us. Thanks

Hi there,

You have to send a cease and desist to your neighbour asking to them stop /or put right the breach within 14 days .

If they fail to do so, then you have to apply for injunction orders for preventing the breach by your neighbours , you can also ask for costs as well. An injunction is a discretionary remedy which a court is more likely to grant if it is applied for promptly.

And only the owner of land which was, or was part of, the land intended to be benefited by the covenant, can enforce it.

Just Answer is an information sharing platform in Q/A format.

You will need full services which is not possible on JA.

you can find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you.

If you need further assistance, please let me know.

Customer: replied 17 days ago.
Hi Vineet, it's where the costs end up that is really what I'm needing to understand here. If the covenant is reasonable and the cease and desist is sent by a solicitor but they continue then if we apply to the court for an injunction (here the costs escalate right?!) at what point does the person who has the duty of the covenant have to start paying fees? Is it all down to us ?

If you have to apply to court for a civil injunction, then you can claim your legal cost from the defendant.

Thank you.

Vineet S and other Property Law Specialists are ready to help you
Customer: replied 16 days ago.
Thanks Vineet.

My pleasure, thanks again .