How do these work?
We aren't allowed to build an extension onto either side of our house. Neither are our neighbours........but one of them is doing so right now.
The covenents were put in place in 1930 but our neighbour says that his has been removed. I know for a full fact that this isn't true because I've done my homework. :suspect:
They are very nice people and I understand just why they want this extension, but at the same time I am worried that by building it they might also be causing us problems when we come to sell our house. We will be downsizing within the next few years and this house is effectively our pension top-up. We can't afford to have future potential purchasers being put off buying because of next doors extension! I wouldn't like to see them being told to demolish it either. I hate being in this position but we also have to protect our assets.
Apparantly they don't need planning permission as long as they build within the permitted dimensions. As somebody who doesn't know much about this.......but has visited the planning portal......it looks as if they are probably just within the rules as regards planning.
The extension looks as if it's being properly built and I don't have a problem with that. Of course, I don't like it being so close to our boundary and neither do I like the "detachment" of our house being less detached now.
We paid a premium price when we bought this house 14 years ago, and part of the reason was that it was detached in the true manner of being detached. We had 16 foot between each house, which was very nice and was also protected by restrictive covenents. Thats all gone to the wall now.

The owner of the house next door must think that I'm a total idiot! He came into my house and told me that the covenent attached to his house has been removed (claimed that he had spoken to his solicitor who had resurrected his "home" file and found the info there. :suspect:). I might be getting on a bit but I haven't totally lost it yet! What he didn't know (and still doesn't know) was that I'd paid for a copy of his title deeds which clearly shows the covenent is very much still in place! I knew this in any case because they've only owned the house for 3 years and they haven't done anything to try and remove the covenent and neither did our old neighbours!

I am in a horrible position now (caused entirely by our young neighbours) because I don't want to cause bad feeling with them, but neither do I want their extension to cause us potential future problems when we come to sell our house.

What should I do? :help:

How do these work?
We aren't allowed to build an extension onto either side of our house. Neither are our neighbours........but one of them is doing so right now.
The covenents were put in place in 1930 but our neighbour says that his has been removed. I know for a full fact that this isn't true because I've done my homework. :suspect:
They are very nice people and I understand just why they want this extension, but at the same time I am worried that by building it they might also be causing us problems when we come to sell our house. We will be downsizing within the next few years and this house is effectively our pension top-up. We can't afford to have future potential purchasers being put off buying because of next doors extension! I wouldn't like to see them being told to demolish it either. I hate being in this position but we also have to protect our assets.
Apparantly they don't need planning permission as long as they build within the permitted dimensions. As somebody who doesn't know much about this.......but has visited the planning portal......it looks as if they are probably just within the rules as regards planning.
The extension looks as if it's being properly built and I don't have a problem with that. Of course, I don't like it being so close to our boundary and neither do I like the "detachment" of our house being less detached now.
We paid a premium price when we bought this house 14 years ago, and part of the reason was that it was detached in the true manner of being detached. We had 16 foot between each house, which was very nice and was also protected by restrictive covenents. Thats all gone to the wall now.

The owner of the house next door must think that I'm a total idiot! He came into my house and told me that the covenent attached to his house has been removed (claimed that he had spoken to his solicitor who had resurrected his "home" file and found the info there. :suspect:). I might be getting on a bit but I haven't totally lost it yet! What he didn't know (and still doesn't know) was that I'd paid for a copy of his title deeds which clearly shows the covenent is very much still in place! I knew this in any case because they've only owned the house for 3 years and they haven't done anything to try and remove the covenent and neither did our old neighbours!

I am in a horrible position now (caused entirely by our young neighbours) because I don't want to cause bad feeling with them, but neither do I want their extension to cause us potential future problems when we come to sell our house.

What should I do? :help:

You need to speak to a solicitor who has the necessary experience in conveyancing.

I'd say your first port of call is the Planning Department at the Town Hall, if you haven't spoken to them already. They're usually very helpful in these cases.

i have just this week bought a house which had a breach in covenant, the builder had put a covenant that no building or alterations to the outside could be carried out within the first five years from build date without his prior consent, the owners built a conservatory the following year without consent.
all this was brought to light when we came to buy it, they offered to take out covenant breach insurance which would cover my legal fees ect should the builder find out, this would have cost them £500.
we decilined this offer and said either knock 20k of the price or go back to the builder to lift the covenant which is what they did and he lifted it for a fee.
this is on a freehold property, if its leasehold then if breach has been there 10yrs and you continue to pay the ground rent for 10yrs since the breach then there is nothing anybody can do.
finally covenants generally only last for a few years as in my case 5 years so it maybe that the covenant has expired,

I'd say your first port of call is the Planning Department at the Town Hall, if you haven't spoken to them already. They're usually very helpful in these cases.
No- the Council have no role in relation to existing restrictive covenants.

covenants generally only last for a few years as in my case 5 years so it maybe that the covenant has expired,
Not so- unless the Deed that creates the covenant expressly states a time limit for its validity, there's no implied time limit.

Not so- unless the Deed that creates the covenant expressly states a time limit for its validity, there's no implied time limit.

well the last two houses i bought/sold had a covenant time limit for 5 years.
i think most new builds have a covenants with a time limit,at least one of the major new buils companies that we do work for impose a 5 year covenant for external alterations.

I think you should check with the land registry; it'll cost you £4 to download a copy of their title deeds so you'll be able to see immediately if the restrictive covenant is still there or not.

And this might help you too:

http://www.practicalconveyancing.co.uk/content/view/9307/1130/

I think you should check with the land registry; it'll cost you £4 to download a copy of their title deeds so you'll be able to see immediately if the restrictive covenant is still there or not.

And this might help you too:

http://www.practicalconveyancing.co.uk/content/view/9307/1130/
NB: for freehold properties, HMLR does not always copy-out Deeds' text but instead mentions them by cross-reference.