Restrictive Covenant Derails Village Housing Development – High Court Ruling

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Freehold owners of land generally believe that, subject to planning permission, they can develop their properties in whatever way they wish. However, as a High Court ruling reviewed by David Watson strikingly showed, that is by no means always the case.

Two men wished to build homes for themselves on a parcel of land they owned in the heart of a pretty village. Planning consent for the proposed development had been obtained. The land, however, was subject to a restrictive covenant which dated back to 1960. It required them to obtain a neighbouring landowner’s written consent before they could erect any building or wall on their property. The covenant stated that such consent was not to be unreasonably withheld.[/vc_column_text][vc_column_text]Freehold owners of land generally believe that, subject to planning permission, they can develop their properties in whatever way they wish. However, as a High Court ruling reviewed by David Watson strikingly showed, that is by no means always the case.

Two men wished to build homes for themselves on a parcel of land they owned in the heart of a pretty village. Planning consent for the proposed development had been obtained. The land, however, was subject to a restrictive covenant which dated back to 1960. It required them to obtain a neighbouring landowner’s written consent before they could erect any building or wall on their property. The covenant stated that such consent was not to be unreasonably withheld.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_cta h2=”Got Your Back!”]If you are facing issues arising from restrictive covenants, we can help.

Call David on 01254 30 10 44, email enquiries@watsonramsbottom.com, talk to us via live chat or complete our online enquiry form and one of our experts will contact you[/vc_cta][/vc_column][/vc_row]

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