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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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Can my neighbour take me to court for declining to set up a

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Can my neighbour take me to court for declining to set up a covenant which would prevent us or our successors ever extending our house either sideways or upwards, even if such work has full planning consent?

Thanks for your question.

It is your decision whether or not to impose a covenant of this nature in the transfer to the buyers when you come to sell your house. It is a private matter and entirely up to your sole discretion whether or not to include this in the transfer.

your neighbour has no privity of contract with the sale contract to your buyer and cannot therefore take you to court if you decide not to include the covenant in the transfer.

You may consider inviting them to make an offer of money in consideration for you including the covenant in the transfer to your neighbour. Again, this is a matter entirely for your sole discretion.

If this is useful please kindly rate my answer as okay service for about, if you require further clarification simply post reply on this thread and I will respond.

Kind regards
Customer: replied 4 years ago.

FAO Tom only.


Thanks. That just about covers it. Just clarify for me however - no sale of property is currently envisaged. The neighbour is trying to get us to covenant that neither WE or our successors will ever build.


Can I presume your response covers the current situation and that it is purley our decision as to whether or not to agree a covenant and that it cannot be 'forced' upon us by either the neighbour or the courts?



Hi peter,

Yes, correct. It is your land and property and no-one an impose a covenant on it unless you agree. It does not matter what do you envisage a sale or not. The position is the same regardless.

Please kindly rate my answer.

Kind regards

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