fbpx

Upset By Your Neighbours' Building Plans? You Are Far From Powerless

17th November 2020 By

If your neighbours have obtained planning permission for building works to which you object, you may think that is the end of the matter. However, as one case strikingly showed, with the right legal advice you can still win the day.

A company obtained planning permission to build a large, six-bedroom family home on a vacant plot of land. The project, however, would breach a restrictive covenant in the plot’s title deeds which forbade construction of any substantial buildings in front of a line 50 feet away from its rear boundary. With a view to overcoming that difficulty, the company applied to the First-tier Tribunal (FTT) under Section 84 of the Law of Property Act 1925 to either discharge or modify the covenant.

A couple whose home was on adjoining land objected to the application on the basis that the height and bulk of the new house would overshadow their own. The development would harm their views, together with their sense of privacy and seclusion, and would substantially reduce the value of their property. The company retorted that the new house would have little or no effect on the couple’s amenities and enjoyment of their home.

Ruling on the case, the FTT found that, although the new house could be regarded as overbearing, its construction would represent a reasonable, even desirable, use of an empty plot. In refusing the company’s application, however, it ruled that the covenant continued to yield practical benefits of substantial value or advantage to the couple and that it should therefore remain in place, unmodified.

Construction of such a large house, much of which would encroach over the line set by the covenant, would thoroughly spoil the rural outlook from the couple’s garden and change the whole character of their property. If it were built, the couple’s privacy, particularly during the winter months, would depend on the survival and proper maintenance of a hedge over which they had no control. The FTT noted the uncertain future of any such organic barrier.

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...