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Thomas
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Some 10 years ago upon moving into my present property I signed

Resolved Question:

Some 10 years ago upon moving into my present property I signed a codicil allowing my neighbour to have visual access into an area at the end his garden where my large pond is adjacent to his property . However, as my family use this area regularly I feel my families privacy is being compromised. Does the privacy rights under Human Rights negate the codicil issues?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Are you sure you mean a codicil. This is a document which amends a persons's existing Will.

Do you mean that you perhaps execute a deed of easement giving them rights over your property ?

Tom
Customer: replied 1 year ago.


Sorry. Deed of Covenant

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.


I’m afraid that if you have executed a Deed of Covenant in which you have stated that you shall give your neighbour visual access then (assuming that you had the requisite mental capacity to understand what you were doing) I’m afraid that you would not be able to comfortably restrict this now without their consent.

The covenant is binding on you according the express definition contained in the Deed. Check the covenant to ensure that you are affording the minimum rights given under it.

If they are agreeable to withdrawing it then you can, but if they are not there is not a lot you can do because they will be able to apply for a court order or injunction to get you to comply with it. If they got a court order and your didn’t comply with it then you would be in contempt of court, which is very serious.

If you deny access and they aren’t compelled to apply to court then this would solve your problem, but doing this has it’s own inherent risks of course.

The Human Rights act is very misunderstood really. The right to privacy is more to do with institutions being able to ask about sexuality/religion, respect for private confidential records, no state surveillance. It does not extend here and even if it did then you have probably estopped yourself from enforcing them by virtue of the fact that you legally executed a document giving such rights to another.

Sorry it could not be better news.


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6260
Experience: BA (Hons), PgDip, Practising Solicitor
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