Can this covenant be enforced?

[bamberger]

I live in a cul de sac of freehold houses. Despite being freehold there is a covenant that business cannot be carried on from the house. A neighbour is carrying on a business with the associated nuisance of parking etc. Can I do anything about it or will I at best end up with a few quid damages and a neighbourly dispute that would make my house difficult to sell? Thanks

[barry1010]

Never mind the covenant, the council will be very interested. Phone them.

[paraffin]

Be very sure of your facts before you act, for if it backfires it could cost you instead of your neighbour.

[dzug]

The covenant is normally between two parties and only parties to a covenant can enforce it. Who is the other party? Often turns out to be a long defunct builder.

[Wak]

It often says in the property deeds what you can and can't do so that you don't annoy the neighbours, such as parking in a back entry and blocking the access for others.
Running a business is also mentioned if appropriate.

[bamberger]

The transfer of the freehold from the builder refers to the successors in title not being permitted to carry out a trade, business or profession. What I can't work out is how I would enforce the covenant .

[paraffin]

Have you thought of contacting your local Citizens Advice Bureau for free advice?

[baileybird]

what kind of busines is he running do you know

[cassa333]

If it was a developer (large or small) they won't give a fig about the clause unless they can make some money out of it. If you bring it to their attention they will either just send them a letter saying they shouldn't or you saying they efectivly don't care or charge someone to take the clause out.

Your best bet would be to contact the la to see if they have planning permission for change of use etc. Possibly even the tax man as well!