Hammersmith Property Solicitor Helena Camacho considers restrictive covenants in the below case.
Re 141a Dunstans Road, East Dulwich
[2019] UKUT 171 (LC)
The applicants applied to discharge or modify restrictive covenants imposed by a transfer dated 20 July 1984 which affected their freehold home.
The restrictive covenants which gave their neighbours a level of control, were not reciprocal and were as follows: (1) Not to use the premises other than as a private dwellinghouse in the occupation of a single family; (2) Not to keep more than one domestic pet on the premises at any one time; (3) Not to play any musical instrument or loud music after 11.00 pm without the permission of the owner or occupier for the time being of the adjoining premises; (4) Not to alter the structure or external appearance of the property hereby transferred or to erect any walls fences hedges or garages without the consent of the transferee or her successors in title.
The Tribunal ordered and directed that restrictions 2, 3 and 4 imposed by the Transfer dated 20 July 1984 be modified so that the neighbours’ consent should not be unreasonably withheld.
Hammersmith conveyancing solicitor Helena Camacho notes that this case and others like it are positive developments for owners of property subject to restrictive covenants that limit their enjoyment of their property.
If you have any queries about a lease and the covenants in that lease please contact Helena Camacho on hc@hpwsolicitors.co.uk
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