I want to build a garage at the front of my property. In the deeds there is a clause to say we can't build anything in front of the house. Is there any way to challenge this?
My house was built in the 60s, at this stage the land to the right was all open fields, it is now a housing estate. Guess the restriction was placed to stop somebody obscuring the original view. Any body had experience of this?
It's a restrictive covenant you have and they're mighty difficult to get around. They're difficult on purpose otherwise they'd be ineffective.
You will need a solicitors help I'm afraid...
I will have to check that out, it was a few years ago that I checked the deeds so can't remember the terminology. Sounds right though.
Planning authority won't care. It's not a material consideration. It depends of the covenant is still likely to be enforced by someone. Ie. If it is in place from a development where the original company is no longer trading then no one is gonna give a fig. But if it is a neighbour who sold the land and is very much alive then you might need to negotiate.
I think the land was owned by the pub at the end of the road (4 doors to our left) that's since been closed and changed to a holiday let. So would I need to figure out who placed it?
Not sure how often (or if) the pub has changed ownership.
As above. Depends who will enforce it. Often it's no one so you can just carry on so you need to find out
Sounds like I might need to get a pub history lesson, find out about who owned it etc. Might need to pop to one of the other pubs in the village to ask some of the older locals (perfect excuse!)
Just get a copy of your deeds and read them? Should tell you who is involved.
I think anyone can flag a breach of a covenant, not just the person who put it in the deeds pre-sale, so careful of raising awareness of it with arsey neighbours. That said, lifting it might require advertising and giving others a chance to comment?
Whoever made the covenant, the land owner, was the beneficiary of this. You need to track them down and ask them. Or find out if they, or their descendents, are no longer are about.
You can do all this and then take out an insurance policy so that if you are ever challenged then you would be covered for the risk of losing the garage financially.
You need a property lawyer.
even putting up a wooden play house in your front garden requires planning permission to which anyone can object to
think you will need planning permission as will be in front of the "building line" and as far as I'm aware isn't covered by 'permitted development" - depending on the property layout/adjacent properties this may only be a formality but could be more of an issue than any covenant
Antigee is right . the covenant will normally indicate who benefits from the right limitation it would normally be the owner of the dominant land assuming you are right the current owners of the former pub but you will have bigger issues with planning if you want to build in front of the building line.
Who would enforce it (it can't just be a random neighbour)? They'd have to be so annoyed as to take you to court, spend a ton of money and maybe not win at the end of it. Plus if the landowners changed through the years the new one probably isn't even aware (download the register extract from the land registery - some have convenants on it, and some don't - if they don't they'd need the original documents, which they're unlikely to have/read/remembered).
I believe you could also take out an indemnity policy to cover it (tho if you do, don't approach who you think are the owners without checking the policy wording as it might invalidate it).
Feel free to ignore the above as i'm certainly not a solicitor!
You will need planning tho if it's infront of the wall of the principal elevation.
https://www.planningportal.co.uk/info/200130/common_projects/43/outbuildings