Legal Advice on Restrictive Covenants – Nuisance
When you purchase your home, it is easy to think that it becomes yours for you to use as you see fit. To an extent this is true, however some properties are burdened by restrictive covenants which impose certain restrictions. These vary on a case by case basis but maylimit either what can be built on the land or what activities can be carried out there.
You may be prevented from building an extension without the consent of the original developer. You may be limited on your ability to run a business from your property. There may even be limitations on parking vehicles or erecting satellite dishes. These restrictive covenants are generally in place to prevent any ‘nuisance’ occurring at the property.
There is also a separate legal concept of ‘nuisance’ which can arise in a number of ways, for example whether due to excessive or unreasonable levels of noise, pollution or odour, or due to a neighbour failing to adequately maintain their land. If this is causing you damage, loss or inconvenience, it is important to try to rectify the issue before it intensifies.
You could be affected by these issues in two ways. You may want to build or do something on your land which could breach a restrictive covenant or cause a nuisance. Alternatively, a neighbouring property may be developing their land or doing something that is having a damaging impact on you.
Ison Harrison have a specialist team who can assist you with these issues. We can advise you as to your position and any steps that you could take to achieve your desired outcome. Should an amicable solution not be possible, we can assist with challenging restrictive covenants, enforcing them against others or defending any allegations of breach. Our experienced team of solicitors can also support you in bringing or defending a claim for nuisance.
If your dispute relates to business premises, we are also able to assist with providing clear, commercially-minded advice.
If a dispute has arisen in respect of restrictive covenants or nuisance, our team would be pleased to have an initial consultation with you to see how we can assist.
Call us on 0113 284 5000 if you need Residential Property Disputes advice.