Changing a restrictive covenant

[fi34]

Hi
Does anyone have experience of changing a restrictive covenant?

I live in a row of terraced workers cottages. The covenant allows right of way across the back of the houses at a particular place.
One of the neighbours wants to extend but cannot because it crosses the right of way.

I including my neighbours are ok for her to extend as long as she builds something in keeping with the property.
My husband has said why don't we change the covenant to say that any extensions to the property must be brick built and in keeping with the current structures (thus ensuring no conservatories!)
I know this is possible but where and how do we start??
any help much appreciated!

 

[jess marley]

We have a couple of restrictive covenants on our place, referring to the extenal appearance of the house.
In all honesty, such covenants are often now redundant because the house concerned may be listed, and any changes to the house would have to be cleared via listed building consents, conservation area consents, and normal planning and building regs approvals as would anything your neighbour built.
Whilst you can lift a restrictive covenant, it is not the case that you can simply change one restrictive covenant for another. For what it's worth, your neighbour may not be keen to have the nature of the covenant changed to one which restricted their, or any future owners development rights, as it makes their house harder to sell.
You can have restrictive covenants lifted via the Land Tribunal, but this is a job for your neighbour and their solicitor and will proove costly and time-consuming.
The best site for advice on this would be http://www.gardenlaw.co.uk.

 

[Nemesis]

Does the RoW affect anyone else?

 

[Lime]

The right of way may be seen as restrictive but it does prevent building that deprives other of light.
This is important in a row of cottages for light entering the middle cottages only enters front and back.
On cottages I know some extensions at the back now have another room built over them.
I have been told that not all the owners were/are happy about it but didn't/don't want to cause trouble by complaining.

 

[fi34]

Hi
The ROW affects 10 houses but split into 2 covenants. no's 1-5 and 6-10 if that makes sense. I am finding out info on behalf of all of the neigbours that are affected by this potential problem.

I am in the middle and therefore no-one has ROW across my property (or across my immediate neighbour) I have been able to extend because of this (under permitted development)but we spent a lot of money ensuring that the build was in keeping.

The problem is that the council have given the neighbour (who is the end cottage) planning permission for a conservatory. All of the neighbours are happy with our build but not happy for modern conservatories. We are also worried about the size of any new extensions - the council are very keen to help people (quite rightly) stay in their houses as their family grows. The neighbour that wants to extend cannot see the problems with future owners having carte blanche however the rest of us are! We live in a beautiful area (of outstanding natural beauty) and want to keep it that way for future occupiers.

I have had a look at Garden law as suggested and it looks as though the covenant cannot be re-written with different restrictions.

Looks like we will either have to agree to change the right of way (then our neighbours will have new paths put in 20ft down their garden) or risk alienating the neighbour that wants to extend even more than she feels she is at present.

 

[Lime]

It is a very difficult particularly as you have an extension and they don't!
I can just imagine their thoughts if you object. :shock:
You only really have the two options.
Either accept the conservatory as at least better than more extensive building or object and risk an expensive legal/court fight (and a bitter neighbour ).

 

[fi34]

Thanks - it certainly doesn't help the situation that this neighbour hacks everyone off with her unruly dogs and is generally an agressive individual - she doesn't make people want to help her! however I agree - the fact that we have one can't be helpful for her!!!!
Think I may just move and be done with the politics!!

 

[Nemesis]

Is the RoW part of a covenant? That's not usual!

Who actually put the restrictive covenants in place? In what way are they restrictive?