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Old 26-10-2009, 07:28 PM
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Join Date: Oct 2009
Posts: 5

The development is open plan, and local residents have also pointed this out. This wall has not been in place long. With regards to the council, I know that normally if anyone was to ring them up they do say that you can go upto a metre high. Covenants I think are more of a private and legal matter, unless its council land.
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  #12 (permalink)  
Old 29-03-2016, 01:24 AM
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Join Date: Mar 2016
Posts: 1
Default Re: Breaking a covenant on title deeds

My husband and I and our young family have been living in a Redrow home from new for almost four years. All the houses on the small 15 house development have been sold. There are restrictive covenants on the properties. One of the covenants is that the house cannot be altered/extended in any way, even a shed added, without permission. Over the previous four years, three properties have built conservatories on the reverse of their properties, and one property has built a massive summer house.

One of these extensions acquired permission from Redrow, thus 'allowing' them to build and break the covenant. Another acquired permission form Redrow when actually the covenants had already been passed onto the road’s Management Company. The other two didn't acquire permission, and built anyway.

In the mean time, our road set up a Management Company which is 'owned/equally shared' by all the 15 houses. This company took on the covenants to the road.

My husband and I have planning permission to add a bedroom onto the front of our property, above the garage. This is in keeping with the road and will look like Redrow built it and it will not overlook or take anybody's light. However, houses that cannot even see our house, say we cannot undertake the extension as we are breaking the covenants and they will ‘fight us through the courts and all the way’, as they say if we are allowed to break the covenants and extend, this will open up a can of worms for anyone to extend their house, thus spoiling the feel of the road and devaluing their properties. (We live in a lovely village but on a pretentious road). We disagree and believe it is in everybody's interest that if we are to extend our house, it should be done subtly and will therefore in reality, have no impact on others lives (with the exception of the time the building work is being performed). We are desperate for room after the arrival of our fourth surprise baby (there will not be anymore).

None of the neghbours argued for the covenants when any of the other conservatory extensions took place. Planning was not needed so these went ahead without neighbourhood discussion. We feel victimised and unfairly treated being the only young family on the road in one of the smallest properties. Do the other homeowners have a legal right to vote against us and prevent us from undertaking the extension? Even though others (albeit on the reverse of properties) have gone unchallenged, or when Redrow were in charge, permission granted?

What rights do the homeowners have?
How much power does the management company have?
We are desperate to extend but cannot afford to get this wrong.
Please can you tell us our options?
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