Restrictive Property Covenant - how to get it enforced

[AndrewW-G]

Does anybody know how to get a covenant that restricts the use of a property enforced?

In this case it’s relating to a piece of land that has a no business (other than Doctor) clause in the deeds

TIA

[Scraggles]

http://tinyurl.com/yexu3za

5th down was pretty good

http://www.desktoplawyer.co.uk/dtl/index.cfm?event...

[Chrisgr31]

What is the property being used for? You may want to consider whether you want to fall out with a neighbour and have a dispute which needs to be declared on sale?

Rather than invoking a restrictive user clause it might be worth a complaint to the enforcement section of the planning deptartment at the local council, and also advising the Valuation Office the property is being used for business purposes.

Problem with a restrictive covenant is that usually the person that can invoke it is not interested anymore as they have sold all the houses!

[siscar]

AndrewW-G said:

Does anybody know how to get a covenant that restricts the use of a property enforced?

In this case it’s relating to a piece of land that has a no business (other than Doctor) clause in the deeds

TIA

Who has the benefit of the covenant? Covenants are a private agreement, just because one exists doesn't mean that anyone can enforce it. Generally it is whoever sold the land to the current owner (or previous owners) who has the benefit of the covenant. If they no longer exist or if they don't care there is little that can be done to enforce it.

[fido]

AndrewW-G said:

In this case it’s relating to a piece of land that has a no business (other than Doctor) clause in the deeds

If it's in a residential area, the council might be interested from a tax viewpoint, non?

[Four Cofffee]

My neighbours had an issue with the other neighbour breaching a covenant but were told by his solicitor that the cost of enforcement was prohibitive. The other neighbour made out a basic case as to why it was necessary to break the covenant (to have a method of escape from fire in one of his bedrooms) which was enough to make the cost of enforcement prohibitive. One issue was that although he had objected, he had let it go one for several years before complaining when the neighbours upset him on another related issue.

As an aside, can you can planning permission with a prohibitive covenant in place?

I was looking at a property the other night which had the typical ex-vicrage covenant of not being able to have an alcohol licenmce but alos limiting the number of flats it could be converted into to 4, and banning development in the grounds. However, the owner had PP for 5 flats and a 4 bed house in the grounds and according to the brochure was 'in the process of challenging the covenants', suggesting you would get up to 5 houses on the site and 6 flats in the main house.

Edited by Four Cofffee on Monday 16th November 08:52

[Cupramax]

EFA

Fido said:

If it's in a residential area, the council will be worse than useless

Have been through a similar situation at my parents with a neighbour running a business (lots of vehicles coming and going, noise, deliveries etc etc) in a residential street and the council were the most useless, spineless bunch of twunts, seriously, they were unbelievably gutless. Even if your deeds clearly state against what is being done they will not be in the least bit interested.

Your only option would likely take private action yourselves which is costly and risky (i.e. it could still go against you)

[SJobson]

Four Cofffee said:

As an aside, can you can planning permission with a prohibitive covenant in place?

Of course - the planners are not party to the private agreement and they have no reason to consider restrictive covenants. In your vicarage case, what if the church commissioners had imposed a restrictive covenant that the place may only be used for a halloween-themed amusement park? The planners wouldn't roll over and say OK

Making a planning application may bring the beneficiary of a restrictive covenant out of the woodwork, though. They will see an objection to the planning consent as being one of the simplest ways to enforce their covenant, and if they're unsuccessful, they could still try to obtain an injunction.

[Sam_68]

SJobson said:

Four Cofffee said:

As an aside, can you get planning permission with a prohibitive covenant in place?

Of course...

...you can even get Planning Permission on a on a property you don't and where the owner objects to your proposal, provided you've served the proper notice on them!

Planning is nothing to do with land ownership rights.