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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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We live in a courtyard of houses & we own the courtyard which

Resolved Question:

We live in a courtyard of houses & we own the courtyard which fronts all of the houses. The other homeowners have 'rights of normal usage' according to our deeds & have access to washinglines & bins. One of the homeowners had pallets of building materials & ladders delivered months ago & they have remained in the courtyard since, creating an obstruction & an eyesore. We have asked her to have them removed (by letter) but are being ignored. Can we enforce this legally?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

 

Are covenants imposed upon the other homes - eg. not to create a nuisance, to keep clean and tidy?

 

Tom

Customer: replied 3 years ago.
Not that we know of - haven't seen their deeds.
Expert:  Thomas replied 3 years ago.

You can download a copy free of charge for the other properties from here:-

 

http://www.landregistry.gov.uk/wps/portal/Property_Search

 

There should be covenants as above, or a note that the rights of usage are subject to certain matters (eg. clean and tidy etc)

 

Tom

Customer: replied 3 years ago.

"The Purchaser hereby covenants with the Vendors to the intent and

so as to bind the property hereby conveyed into whosoever hands

the same may come and to benefit and protect the retained land and

each and every part thereof not to do or permit or suffer to be

done in or upon the property hereby conveyed anything which may

become a nuisance annoyance or cause damage or inconvenience to

the Vendors or neighbouring owners or occupiers

 

"It is hereby agreed and declared that the property hereby

conveyed shall not at any time be used for any offensive noisy or

dangerous trade business pursuit or occupation or any purpose

which shall or may be or grow to be in any way a nuisance damage

grievance or annoyance to the Vendor or the owners of the

adjoining or neighbouring property now or formerly belonging to

the Gale House Estate"

 

Taken from our neigbours info at land registry. We were part of The Gatehouse Estate

Expert:  Thomas replied 3 years ago.

Ok.

 

That covenant is obviously in reference to the individual properties and what they are permited to do on their own properties. That the nuisance has occured outside of the property (ie. on the courtyard) is a little bit problemative but I would hope that a Court would take a pragmatic view and overlook that and make an order to comply with the covenant.

 

If a persons is in breach of a covenant you can apply to Court for an order that the the covenant is enforced against them. If they do not comply they will be in contempt of court and would face penalities. The application is a sledghammer to crack a nut though so I would see a local solicitor and get them to write a letter before action on your behalf for around £50.00.


It would make them aware of the situation and your ability to apply to Court to have this enforced stating that they should remove the iterms within a set time otherwise an application will be made.

 

This should prompt compliance. If it doesn't then you will have to apply to Court.

 

You can contact the local authority but if it is private land they will probably not be interested.

 

You can use the following site to find a solcitor in your area.

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6450
Experience: BA (Hons), PgDip, Practising Solicitor
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