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Help needed to interpret a restrictive covenant

Discussion in 'Building Regulations and Planning Permission' started by 1836Laura, 5 Sep 2019.

  1. 1836Laura

    1836Laura

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    Hi There,

    I bought a house with an adjacent parcel of land. The previous owner had planning permission approved for the land to be considered a residential garden and the driveway of the house goes through the land (an approved development). The house and the parcel of land still have separate Land Registry Title Deeds.

    I'm curious about a restriction on the title deed and am unsure what it really means so I hope someone can help :)

    It says: Nothing shall be done or suffered on the said piece or parcel of land which shall in anywise deteriorate or lessen the value of any adjoining or adjacent land for residential building purposes or which shall be or become a nuisance or annoyance to any owners or occupiers of adjoining or adjacent land or premises.

    Now this was written when the land and house were owned by separate people - so the neighbour is now me as we own the land and there are no other properties to the other sides (on one side is a Church graveyard and there are roads on the others).

    Is the restriction saying that the land cannot, under any circumstances, be used for residential building purposes? Or is it saying that it can't be used for residential building purposes IF it annoys the neighbours?

    I quite fancy one of those shed-like garden offices in the not so distant future and I'm wondering if the restriction will prevent me from having one.

    Oh, and the land is Green Belt so I'm sure that complicates matters further also.. :)

    Many thanks for any help in advance.

    Laura
     

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  2. GeoffJ

    GeoffJ

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  3. clifford1

    clifford1

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    If the covenant was written when the house and land had separate owners, whose house was the land given permission to become the garden to?
    You are the only neighbour?
     
  4. mattylad

    mattylad

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    Is the covenant still valid? Is there someone that can come and say "oi! your breaking a covenant"?
     
  5. ^woody^

    ^woody^

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    Best not annoy those neighbours residing in the graveyard, as you never know what that could lead to. :cautious:
     
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