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Restrictive covenant in Neighbours Deed

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  • Restrictive covenant in Neighbours Deed

    Hi

    I am the neighbour of a property that has several restrictive covenants in place, one of which that is worded as:

    "do or suffer to be done anything whatsoever on any part of the said estate which may be a nuisance to any owner or any part of the said estate

    My issue is that that new neighbour has built a new house and has planted a dozen or so silver birch trees which are growing extremely fast and are starting to restrict light into our garden and every year is is getting worse and worse, I have politely asked them to trim these trees but without success.
    Reading the covenant does it look like I can use this to try and enforce them to prune the trees down to a more reasonable height ? If it is enforceable and they continue to ignore it whats the worst that could happen to them ?

    Many thanks
    Tags: None

  • #2
    just to confirm all the properties in the estate are part of this deed via our charges register , so indeed we are all considered beneficiaries.

    Comment


    • #3
      Possibly you could apply for an injunction to enforce the covenant, but try the softly softly approach again as they are neighbours for as long as you live next door to each other and court action will remove you from the Christmas card list!

      Comment

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