Can i have a restriction enforced?

[stressederic]

Hi,

The people i bought my house off (Mr & Mrs Smith), whom are now my next door neighbors had a restriction put in place some years ago, when they lived at the Property (now my house). The restriction is between Mr & Mrs Smith and my other neighbors, Mr & Mrs Jones.

The restriction states that no wall is ever to be erected between points X and Y (points X and Y is the boundary line between my Property and Mr & Mrs Jones...and is 1 metre away from my Property front window)...This restriction makes sense, as living at the Property and having a wall erected, 1 metre, in front of the front window would be annoying to say the least!

A wall is now being erected between points X and Y and when i mentioned that there is a restriction in place for erecting a wall, the response i got was 'that the restriction is between us' i.e. Mr & Mrs Smith and Mr & Mrs Jones.

As the restriction is between Mr & Mrs Smith and Mr & Mrs Jones, can they do as they please and i dont have a leg to stand on?...is there anything i can do here?...any other angle of attack (other than the right to light - which is a very grey and expensive subject!!!). Surely, as it was put in place when Mr & Mrs Smith lived at my Property, it is there to benefit the Property???

Thanks.

[Amethyst]

Re: Can i have a restriction enforced?

Restrictions are usually on the property as opposed to being attached to individuals. What does the wording of the restriction say ?

You could look at nuisance - though if the wall is only 1 meter high it's not likely to block view or light ?

[stressederic]

Re: Can i have a restriction enforced?

Restrictive covenants by the transferees

the transferees hereby jointly and severally covenant with the transferors as to bind the the Property and each and every part thereof and benefit the retained Land and each and every part thereof that the transferees and their successors in title shall not:

At any time erect a boundary wall fence hedge or other erection on that part of the property shown coloured in black on the plan so as to demarcate the boundary line between points marked X and Y on the plan

Restrictive covenants by the transferors

the transferors hereby jointly and severally covenant with the transferees as to bind the retained land and each and every part thereof and benefit the Property and each and every part thereof that the Transferors and their successors in title shall not at any time erect any boundary wall fence hedge or other erection on that part of the property shown coloured in blue on the plan so as to demarcate the boundary line between points marked X and Y on the plan


FYI - on the plan there is a black line between points X and Y and parallel to that there is also a blue line between points X and Y.

This TP1 is signed as a deed by Mr & Mrs Smith and Mr & Mrs Jones. Presumably, Mr & Mrs Jones bought their property from Mr & Mrs Smith some years ago.

I would have thought i am the successor in title??

[Amethyst]

Re: Can i have a restriction enforced?

Yes you are the successor in title to the Transferee's ( as you bought the house off of Mr & Mrs Smith ) Sounds liek this was put in place when Mr & Mrs Jones bought their house off Mr & Mrs Smith and Mr & Mrs Smith, who then lived in your house, had a panic that Mr & Mrs Jones might build a wall so had this drawn up.

As is normal in these kind of covenants the restrictive covenant applies to the owners of the property at the time of making and in the future - both sides, transferor and transferee, have the 'and their successors in title' phrase next to the restriction.

Has work on the wall started?

[stressederic]

Re: Can i have a restriction enforced?

Yes, work has started but not finished.