Areas of Law / Property

My neighbours have incorporated their garage into their house, so it now forms part of their living space. This is a breach of a covenant in their title deeds, but they did this some years ago before we moved in. Is there a time limit after which they cannot be forced to adhere to the covenant?

There are strict rules which decide when a restrictive covenant is enforceable, but if your neighbour’s title deeds make it clear that the covenant benefits your land you may be able to enforce it without time limit. There may also be issues regarding whether planning consents were required and obtained. It’s a complicated area, and you should let your solicitor see your title deeds.

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