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Covenants on property
I have sold two properties, which both have positive convenants placed on them. One neighbour has broken the covenants by errecting a fence and garden shed on a piece of the garden which was not allowed to have these items without our written permission. I have tried to verbally be neighbourly and say they are breaking the rules of the covenant but they don't care and won't remove them. I cannot afford litigation (and obtain a court order) so can I place a charge on the property that states that the new purchaser will need to seek our permission or remove the fence and shed?
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yu would be better putting this in property or law - however 1)if you have sold the properties, they have nothing to do with you anymore and you dont have to get involved.
2)who originally placed the covenant? If it was the origina developers, depending n how long ago this was, they will mst likely not be interested, or even still in business
3)arent "charges" for unpaid debts?
2)who originally placed the covenant? If it was the origina developers, depending n how long ago this was, they will mst likely not be interested, or even still in business
3)arent "charges" for unpaid debts?
Hi thanks for your answer. I have just realised reading other comments that a charge on a property is for money related matters.
I sold these properties and placed the positive covenents on for a purpose to protect myself and other neighbours as the buildings are set in a court yard shape so we all look at each other. One neighbour feels they are above what is stated on the convenants and carried on with breaking them with no reagard for anyone else, I have looked at litigation, but this is incredably expensive and although if I win I would have cost refunded. I am not in a position to start the ball rolling finanaically at this moment and wondered if there was an alternative to expensive legal action or could I put some claim on the property which states that the have to be removed prior to a sale? or any other ideas just to let them know if the do anything else we are not just taking it
I sold these properties and placed the positive covenents on for a purpose to protect myself and other neighbours as the buildings are set in a court yard shape so we all look at each other. One neighbour feels they are above what is stated on the convenants and carried on with breaking them with no reagard for anyone else, I have looked at litigation, but this is incredably expensive and although if I win I would have cost refunded. I am not in a position to start the ball rolling finanaically at this moment and wondered if there was an alternative to expensive legal action or could I put some claim on the property which states that the have to be removed prior to a sale? or any other ideas just to let them know if the do anything else we are not just taking it
You are left in an impossible decision if you are unable to afford legal action. It is a civil matter so the only recourse is through the courts - I think you know this.
In terms of things you could do at no cost are:
1) You could write something along the lines of - I note that your fence and shed are in contravention of the convenant on your land, placed upon it for the benefit of present and future owners of my land. Unless you remove the fence and shed within 4 weeks, I shall have no alternative than to consider legal action to enforce the convenant. (Whether you then take legal action can remain your decision - the letter doesn't say you will take legal action - might make them sweat a bit). Obviously if you can afford a solicitor to send the initial letter it might have more bearing and be more appropriately worded in legal speak.
2) After a month, if nothing happens, the second leverage point you have (and it may be worth nothing in their eyes) is one about disputes with neighbours being declared when they sell the property. So a second letter could say - I note no action in regard to my first letter. I am sure you are aware that disputes with neighbours must be declared to prospective sellers. I consider that ignoring the convenant to be such a dispute that you should declare. This may make your property unsaleable in future, or reduced in value. In light of this you may wish to consider your position regarding the fence and shed.
That's as good as it gets.
In terms of things you could do at no cost are:
1) You could write something along the lines of - I note that your fence and shed are in contravention of the convenant on your land, placed upon it for the benefit of present and future owners of my land. Unless you remove the fence and shed within 4 weeks, I shall have no alternative than to consider legal action to enforce the convenant. (Whether you then take legal action can remain your decision - the letter doesn't say you will take legal action - might make them sweat a bit). Obviously if you can afford a solicitor to send the initial letter it might have more bearing and be more appropriately worded in legal speak.
2) After a month, if nothing happens, the second leverage point you have (and it may be worth nothing in their eyes) is one about disputes with neighbours being declared when they sell the property. So a second letter could say - I note no action in regard to my first letter. I am sure you are aware that disputes with neighbours must be declared to prospective sellers. I consider that ignoring the convenant to be such a dispute that you should declare. This may make your property unsaleable in future, or reduced in value. In light of this you may wish to consider your position regarding the fence and shed.
That's as good as it gets.
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