Buying a flat or house question:
My neighbour wants to build a house in his back garden. But, the title deeds of my own house say that he cannot do that – his property can only be used for one (not two) houses. What should I do?
Responses:
Good Lawyer Guide's response
It is not unusual to have title deeds that restrict what your neighbours can do with their properties. These restrictions are called ‘restrictive covenants’.
But, these provisions are often not enforceable. That is particularly so if the original documents are very old. In particular, the covenant will only be enforceable against your neighbour if it is properly worded so it is crystal clear that (i) it is your plot of land that ‘benefits’ from the restriction and (ii) it is you (as the current owner of your plot) that can enforce it – and not just the previous owner at the time the documents were signed.
This is a very tricky area of law. You need expert advice.
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