fbpx

Neighbours Planning a Garden Development? You Are Not Powerless

28th June 2021 By

Domestic gardens, which many people view as the glory of British suburbia, present a tempting prospect to builders amidst burgeoning housing demand. As one case showed, however, objectors to such developments are by no means powerless.

The owners of a semi-detached house obtained planning permission to build a new four-bedroom home in its garden. That, however, was not the end of the matter in that the property’s title deeds contained a restrictive covenant which forbade use of the proposed development site for any purpose, save that of a private garden. The covenant also prevented construction of buildings on the site other than a garden shed, summerhouse, conservatory, greenhouse or private garage.

With a view to implementing the planning permission, the owners applied to the Upper Tribunal (UT) under the Law of Property Act 1925 for an order varying or discharging the covenant. However, they faced concerted opposition from neighbours who opposed the development on various grounds.

The owners argued that the covenant impeded use of the site for a purpose that, in the light of the planning permission, should be deemed reasonable. They submitted that, since the covenant was created in 1960, the character of the neighbourhood had substantially changed due to increased housing density.

In rejecting the application, however, the UT found that the covenant still served a useful purpose and was not obsolete. It afforded practical benefits of substantial value or advantage to adjoining neighbours in that it protected them from overlooking, also preserving their views and the peace and quiet of their home.

Source: Concious

Latest News

Court Explores Alleged 'Grave Risk' in Child Abduction Case

28th March, 2024 By

Cross-jurisdictional disputes surrounding child custody can be complex but, in cutting through the complexities, the courts will always focus on the welfare of the children involved, as was evidenced in a High Court case centred on a child abduction. A father wrongfully removed his 5-year-old child from Lithuania during an agreed contact session and took him back to the UK. Prior to this abduction, a series of contested proceedings related to the child's custody had already taken place in the Lithuanian courts. The father had applied to have the child returned...

Tenant Succeeds in Reducing Service Charges

26th March, 2024 By

A case recently decided by the First-tier Tribunal (FTT) serves as a reminder to tenants to check the terms of their leases and to monitor the service charges they are asked to pay. The tenant of a ground-floor flat sought a determination of liability to pay service charges under Section 27A of the Landlord and Tenant Act 1985, in respect of the 2017-2022 service charge years. He challenged various charges, on grounds that they was no evidence that they had been incurred or that they had not reasonably been incurred. Although...

Risk Passing on Exchange of Contracts

20th March, 2024 By Arman Khosravi

Risk Passing on Exchange of Contracts   Between Exchange and Completion (where the property is freehold):- It is generally the responsibility of the seller to take care of the property and to keep it insured against damage. The buyer also has a responsibility to insure the property from the exchange of contracts because of “Risk Passing”. There is no obligation on the seller to maintain buildings insurance once exchange has taken place.  It is therefore very important that buildings insurance for the property is in place before you proceed to exchange...

Court of Appeal Overturns Will Dispute Ruling

20th March, 2024 By

Unfortunately, will disputes can sometimes be drawn out long after the passing of the person who bequeathed their assets. This was so in a contentious probate battle which progressed to the Court of Appeal after a High Court judgment was challenged. The crux of the matter was a 2015 will made by a woman prior to her death at the age of 85. In that will, the woman bequeathed her home – her largest asset – to her only daughter. The daughter and the woman's three sons were to share...