Station Road, Sidcup
Close

How can we help?

Please fill in this form and we'll get back to you as soon as possible.

Please enter your name
Please enter your email address
Please enter your telephone number
Please enter a question
Please let us know how you heard about us
Please enter the verification code

We’ll only use this information to handle your enquiry and we won’t share it with any third parties. For more details see our Privacy Policy

Couple Overcome 'One House' Restriction to Build New Home in Their Garden

New homes built in the grounds of existing residences make a valuable contribution to meeting burgeoning housing demand. However, as a decision of the First-tier Tribunal (FTT) showed, restrictions lurking in antique title deeds can stand in the way of such projects.

A couple were granted planning permission to build a four-bedroom detached house in the garden of their home. However, their proposal came up against what appeared to be an immovable object in the form of a conveyance, dating back to 1954, which contained a common form of restrictive covenant that forbade construction of more than one house on the relevant land.

In coming to the couple's aid, however, the FTT found that the development would cause no injury to the couple's neighbours. Only one objection to the project had been received and that was subsequently withdrawn. Other nearby properties were subject to identical restrictions, yet new homes had been built in their gardens. The pattern of planning permissions and development in the locale had changed the character of the neighbourhood and the purpose of the covenant could thus no longer be fully achieved.

The FTT stopped short of discharging the covenant in its entirety on the basis that it continued to perform a useful function in preventing intrusive development which might well cause injury to others. However, the couple were granted an order under Section 84 of the Law of Property Act 1925, modifying the covenant to the extent required to enable construction of a house in accordance with the planning consent. If that permission had expired, the couple could seek a fresh consent from the local authority.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.