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07/11/2014 at 11:14pm
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Quote: Originally posted by richardstolemysoul on 06/11/2014
Please can someone tell me if there is ANY way around this.
This is almost certainly not what you want to hear - but the short answer is almost certainly 'no'.
The only way around that type of restrictive covenant is to secure a variation in your favour. Developers of new homes always reserve themselves the right to modify or vary covenants in order to protect their own interests from unforeseen circumstances.
If a builder want to sell a property they might agree to vary a covenant that forbids caravans, for example. some do this - but many will not for fear of setting a precedent and antagonising other residents
However, such a variation (if granted) is strictly limited to the specific property and to the first owner of that property.
Co-signatories to the covenant have no power whatsoever to modify it or vary it in any way.
You read it, you agree to it, you sign it, and you are bound by it.
What's more, any signatory to the covenant can enforce it if they choose to do so.
As a hypothetical example, consider an estate of 1,000 houses covering a large area with multiple roads. If the covenant forbids the parking a caravan (for example) and a signatory to that covenant breaches it, they can be held in breach by *any* of their neighbours - even if that neighbour lives half a mile away and never sees the offending caravan form one year to the next.
Objectors do not have to prove any personal inconvenience or loss of amenity - the fact that they are co-signatories to the shared covenant is enough to give them the right to sue for any breach.
Now, perhaps the most important thing is to appreciate that if a covenant is breached and one or more of the neighbours decides to take it to court, they WILL win - absolutely, categorically, 100% cast iron, guaranteed.
The Judge might privately think that the complainants are being obnoxious, officious, meddlesome - whatever, but the simple fact that the covenant is breached will allow him/her to deliver only one judgement - and it *will* be against the person who has breached it.
Further, costs will be awarded, and the entire affair will be an absolute financial nightmare, costs of around £20,000 would not be unexpected.
BEWARE of anyone who tells you that you have a chance of winning if you are in breach - you will not!, and you will be held liable for all costs,
That, of course, presupposes that action would be taken - if no-one cares, then you will be left alone to quietly continue breaching the said covenant.
However,from your post it appears a certainty that legal action would be commenced - and those who launch it will also have been advised that they cannot lose!
Sorry for the bad news - but it's important to know which of life's battles can be fought and won, and sadly this is not one of them.
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