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Old 03-10-2009, 11:58 AM
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Default Breaking a covenant on title deeds

If some one was to break a covenant on his title deeds,what action can be taken against him. Such as building a wall where it is not allowed.
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Old 04-10-2009, 01:32 PM
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That depends on an enormous number of factors but, if the covenant is enforceable, the likely action would be to get an injunction to stop the wall being built (or to demolish it)
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Old 04-10-2009, 04:57 PM
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Thanks Justin. My neighbour has built a wall on the front and I know that there is a covenant saying that the front of the property cannot have a wall, and besides that no one in this area has a wall. A few resident who live close by have also told me that he can't build because if you could they would have done so. He has also broken another covenant which is having a huge impact on our daily lives he is a NFH. Is this a matter for the council or do I need to contact a solicitor?
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Old 05-10-2009, 09:02 AM
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I don't think the council will get involved - you need to see a solicitor
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Old 06-10-2009, 09:10 AM
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Thank you Justin. Another quick question if someone was to buy the lease on their property do the restrictive covenants change or are they simply passed on to the freehold.
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Old 06-10-2009, 06:54 PM
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Restrictive covenant are passed onto subsequent owners, so nothing would change if he sold the property.

Is your neighbour aware that this covenant exists on his deeds?

Your course of action is through the county courts, who will order him to demolish the wall.
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Old 07-10-2009, 10:29 AM
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Zack: You mention "the lease" now

Is the covenant imposed by the lease or is it imposed on the freehold title? If it is imposed by the lease, you need to check the terms of the lease to see whether only the freeholder can enforce the covenant or whether other leaseholders (which I assume includes you) can enforce it

If it affects the freehold title, the issues relating to enforceability are different (and more complicated!)
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Old 08-10-2009, 09:18 AM
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As far as I am aware there property was leasehold and they have purchased the freehold, hence there property is now freehold. From my understanding after a lot of reading if there are any restrictive covenants these are usually passed on with the freehold purchase. Is this correct ? Thanks
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Old 09-10-2009, 09:06 AM
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It is true that the burden of restrictive covenants imposed on freehold land usually remains with that land as it changes hands

However, the benefit of those covenants (ie: the ability to enforce them) does not necessarily pass with changes of ownership of the land intended to be benefited by it - enforcing covenants can be a complicated thing and a lot depends on the full, exact wording used
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Old 26-10-2009, 03:42 PM
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If the dvelopment is of an open plan design then there may be a planning condition preventing the construction of walls etc in front and if so then the Council may take enforcement. This is a lot cheaper than personally applying for aninjunction in the Councty Court. As Justin N says it is not straightforward and it does not necessarily follow that a neighbour can enforce the covenants.

If the wall has been allowed to stand for a significant period then if a neighbour has an entitlement to enforce the covnenants the judge may refuse an injunction (whichis a dsicretionary remedy) and decide that damages are an adequate remedy. Difficult to assess a large figure of damages to refflect annoyance that someone has got away with something otheres wanted to do - what real loss in value would neighbouring houses suffer by reason of the wall being built?
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