Posted: Thursday, 5 February 2009 @ 09:00
A restriction on your title deeds not to do anything on your property which might be a nuisance or annoyance to your neighbours is very common and a recent case has highlighted why this sort of restriction should be of concern to property developers.
In that case a homeowner obtained planning consent for the construction of an extension to his house but his neighbours objected on the grounds that it would restrict their views which would constitute an 'annoyance'.
The judge in this case concluded that the neighbours loss of view caused by the extension would amount to an annoyance and the neighbours were therefore able to prevent the construction of the extension.
Although this case applies to an extension to an existing house there is no reason why the development of bare land should not fall foul of the same restrictions.
If you are concerned about the implications of this case then Cousins Business Law can advise you on this issue and also the the multitude of other traps for the unwary developer.
Steven Petty, Commercial Property Solicitor
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