We own a smallholding. Our neighbouring landowner and the previous owners of our land signed a restrictive covenant in perpetuity nearly twenty years ago, (registered with the land registry), that prohibits any dwellings being built on the area concerned. The area in question is on the neighbour's land and borders our property. We are the covenantees or beneficiaries of the covenant.
The neighbour was recently granted planning permission to build a dwelling, one side of the curtilage of which lies directly adjacent to the far side of the restricted area.
The neighbour has now applied for planning permission to extend the curtilage of this dwelling into the area covered by the restrictive covenant in order to build an outbuilding in it. In March of this year the neighbour erected a fence, that now seems to be permanent, right around the building site that is not defined as part of the original curtilage as shown on the plans. This fence extends a considerable way into the area of the restriction.
The local council planning department is aware of the restrictive covenant, but has no interest in it.
We understand that a 'dwelling' can be defined as the buildings and associated outbuildings and gardens within the curtilage.
We think such an extension of the curtilage would alter the 'dwelling' such as to bring the extended part it in to the restricted covenant and be a breach of the restrictive covenant even if planning permission was granted. Are we correct?
Can anyone offer any advice please. Thank you.
The neighbour was recently granted planning permission to build a dwelling, one side of the curtilage of which lies directly adjacent to the far side of the restricted area.
The neighbour has now applied for planning permission to extend the curtilage of this dwelling into the area covered by the restrictive covenant in order to build an outbuilding in it. In March of this year the neighbour erected a fence, that now seems to be permanent, right around the building site that is not defined as part of the original curtilage as shown on the plans. This fence extends a considerable way into the area of the restriction.
The local council planning department is aware of the restrictive covenant, but has no interest in it.
We understand that a 'dwelling' can be defined as the buildings and associated outbuildings and gardens within the curtilage.
We think such an extension of the curtilage would alter the 'dwelling' such as to bring the extended part it in to the restricted covenant and be a breach of the restrictive covenant even if planning permission was granted. Are we correct?
Can anyone offer any advice please. Thank you.
