Is it possible to get a land owner to observe a restrictive covenant UK
April 6, 2017 11:49 AM Subscribe
Hi I'm in the UK and the land behind my home has a restrictive covenant on it. This prohibits the land to be used for noxious or noisy businesses. However in January a car body shop moved into the unit behind my house. Is there any way of making the land owner enforce the covenant and either place restrictions on the business that is renting the business unit or to move them somewhere else?
Hi I'm in the UK and the land behind my home has a restrictive covenant on it. This prohibits the land to be used for noxious or noisy businesses. However in January a car body shop moved into the unit behind my house. Is there any way of making the land owner enforce the covenant and either place restrictions on the business that is renting the business unit or to move them somewhere else?
They have an extractor that is really very noisy and I find it very stressful hearing it. It sounds like a police hellicopter is hovering above the house. They also have a compressor that makes a loud crackling noise. I can heat both of these in my kitchen and back room. They also do paint spraying, and the chimney blew off over six weeks ago. They've only just added a tiny extension to it, but they haven't put the rest of the chimney on. So I and my friend further down the road can still smell the paint fumes. As well as see clouds of paint spray that is being released from the chimney.
Obviously with the summer approaching I want to be able to go in my garden, but they keep working past their opening times. They say their opening times are until 5.30pm weekdays and 4.30pm Saturday. But the first time I heard the noise it was at 11.30pm. Last week they were working until past 9pm. This week it's been around 7-8pm. They keep leaving the fire door open which makes the noise worse.
They're also using the fire escape route as a storage area for tyres and body parts. As well as congregating in the alley way to chat, which only makes it more noisy. In 18 years of living in my home I've never smelt anyone smoking cannabis in the back gardens. Nor has my friend who lives the other end of the unit. But today after the people had come out into the alleyway to chat I smelt cannabis very strongly, and the smell dissappeared when they went back in. Unfortunately I couldn't see them to be certain they were smoking. My friend has said that he's also never smelt cannabis in the back garden until the body shop moved into the unit.
I'm very concerned about the noise, the noxious fumes, and the fact that they seem to be using a fire escape route as a storage area for flammable tyres.
The land is owned by one company, who have hired estate agents to let the units out. The person I spoke to at the estate agents weren't aware of the restrictive covenant prohibiting noxious or noisy businesses. The agent I spoke to yesterday said he'd spoken to them and that they said they'd keep the fire door closed and would be more mindful of the time. Twice today I've seen the door open, the first time for at least 15 minutes and the next time the door was open for at least 30 minutes. They aren't using the extractor or compressor before 1pm as I've not noticed it on at that time.
I'm really distressed as I've spent the last two months trying to stop a noisy business moving into the unit next to the body shop becuase I knew it would make it impossible to enjoy my garden and home in peace. Only to then discover that this other business had moved to the unit in January. I'd been so busy with the other business that I'd not been spending as much time in my back bedroom and kitchen as I normally do so hadn't noticed the noise, apart from the first time at 11.30pm when I didn't know where the noise was coming from.
The agent I spoke to asked me to let him know when they were working late so he could speak to them again. But he seems to think they're decent guys, because they tell him what he wants to hear, but then they just ignore it and carry on doing what they were doing anyway. I've contacted the council about the broken chimney, but the business owner said they'd fixed it, when all they'd done is add a tiny bit onto the part coming out of the unit. The original chimney went up onto the roof and ended a meter above the apex of the roof. Currently it finishes just above the gutter line and inline with the upper windows of the local homes. I've also contacted the noise pollution team who seemed hopeful they could stop the noise ready for the summer. And I've contacted the fire service about the dangerous and unsafe fire escape route.
So I was wondering if anyone has any other ideas as to what I can do to try to get this sorted. My apologies if I've not made much sense. It's stressing me out as I'm finding the noise so irritating that I just can't relax in my garden or kitchen now.
Hi I'm in the UK and the land behind my home has a restrictive covenant on it. This prohibits the land to be used for noxious or noisy businesses. However in January a car body shop moved into the unit behind my house. Is there any way of making the land owner enforce the covenant and either place restrictions on the business that is renting the business unit or to move them somewhere else?
They have an extractor that is really very noisy and I find it very stressful hearing it. It sounds like a police hellicopter is hovering above the house. They also have a compressor that makes a loud crackling noise. I can heat both of these in my kitchen and back room. They also do paint spraying, and the chimney blew off over six weeks ago. They've only just added a tiny extension to it, but they haven't put the rest of the chimney on. So I and my friend further down the road can still smell the paint fumes. As well as see clouds of paint spray that is being released from the chimney.
Obviously with the summer approaching I want to be able to go in my garden, but they keep working past their opening times. They say their opening times are until 5.30pm weekdays and 4.30pm Saturday. But the first time I heard the noise it was at 11.30pm. Last week they were working until past 9pm. This week it's been around 7-8pm. They keep leaving the fire door open which makes the noise worse.
They're also using the fire escape route as a storage area for tyres and body parts. As well as congregating in the alley way to chat, which only makes it more noisy. In 18 years of living in my home I've never smelt anyone smoking cannabis in the back gardens. Nor has my friend who lives the other end of the unit. But today after the people had come out into the alleyway to chat I smelt cannabis very strongly, and the smell dissappeared when they went back in. Unfortunately I couldn't see them to be certain they were smoking. My friend has said that he's also never smelt cannabis in the back garden until the body shop moved into the unit.
I'm very concerned about the noise, the noxious fumes, and the fact that they seem to be using a fire escape route as a storage area for flammable tyres.
The land is owned by one company, who have hired estate agents to let the units out. The person I spoke to at the estate agents weren't aware of the restrictive covenant prohibiting noxious or noisy businesses. The agent I spoke to yesterday said he'd spoken to them and that they said they'd keep the fire door closed and would be more mindful of the time. Twice today I've seen the door open, the first time for at least 15 minutes and the next time the door was open for at least 30 minutes. They aren't using the extractor or compressor before 1pm as I've not noticed it on at that time.
I'm really distressed as I've spent the last two months trying to stop a noisy business moving into the unit next to the body shop becuase I knew it would make it impossible to enjoy my garden and home in peace. Only to then discover that this other business had moved to the unit in January. I'd been so busy with the other business that I'd not been spending as much time in my back bedroom and kitchen as I normally do so hadn't noticed the noise, apart from the first time at 11.30pm when I didn't know where the noise was coming from.
The agent I spoke to asked me to let him know when they were working late so he could speak to them again. But he seems to think they're decent guys, because they tell him what he wants to hear, but then they just ignore it and carry on doing what they were doing anyway. I've contacted the council about the broken chimney, but the business owner said they'd fixed it, when all they'd done is add a tiny bit onto the part coming out of the unit. The original chimney went up onto the roof and ended a meter above the apex of the roof. Currently it finishes just above the gutter line and inline with the upper windows of the local homes. I've also contacted the noise pollution team who seemed hopeful they could stop the noise ready for the summer. And I've contacted the fire service about the dangerous and unsafe fire escape route.
So I was wondering if anyone has any other ideas as to what I can do to try to get this sorted. My apologies if I've not made much sense. It's stressing me out as I'm finding the noise so irritating that I just can't relax in my garden or kitchen now.
Best answer: I thought the OP was referring to the business unit being rented, rather than being a tenant himself?
A landowner who should be benefitting from a restrictive covenant may be able to enforce it through the county court. This would generally be with an injunction (compensation may also be possible, but it sounds like you want the bad behaviour to stop, rather than be compensated for it). If you are a homeowner, and negotiations haven't worked, you could offer mediation, but I would think it's worth consulting a solicitor who deals with property law to see if you have standing to threaten or impose an injunction.
(Before shelling out for a legal opinion it may be worth bypassing the agent and going straight to the owners with the problem, if it seems that the agents aren't aware of the full facts.)
posted by wilko at 1:05 PM on April 6, 2017
A landowner who should be benefitting from a restrictive covenant may be able to enforce it through the county court. This would generally be with an injunction (compensation may also be possible, but it sounds like you want the bad behaviour to stop, rather than be compensated for it). If you are a homeowner, and negotiations haven't worked, you could offer mediation, but I would think it's worth consulting a solicitor who deals with property law to see if you have standing to threaten or impose an injunction.
(Before shelling out for a legal opinion it may be worth bypassing the agent and going straight to the owners with the problem, if it seems that the agents aren't aware of the full facts.)
posted by wilko at 1:05 PM on April 6, 2017
Best answer: I work in housing law, but not property law; this is general information rather than any form of legal advice; I make no representations as to the accuracy or quality of anything I say; I recommend that you seek legal advice in relation to this problem. Sorry, but.
Quite possibly the answer​ is "yes". Without looking at the title register and any documents annexed to it, it's not possible to say with any real certainty, but, from your description, it sounds as if your land has the benefit of a restrictive covenant over the land behind. If this is the case, then a cause of action will exist in respect of any breach. Accordingly, it sounds likely, from your description, that you have a legal right to sue if the landowner is breaching the covenant, or allowing it to be breached.
Beyond this, it's basically impossible to do more than speculate without​ looking at the paperwork and considering the specifics. My advice is use this tool to find a solicitor who specialises in property litigation, and shop around a few - see if someone will listen to your problem and give you an idea of what they can do for you, prior to entering into any fee paying arrangement. You can also try the CAB, but l, if I'm honest, the quality of advice is very variable. Shelter's helpline, on 0808 800 4444, might be able to point you in the right direction for further free advice, but isn't going to be able to give you much direct advice about a problem of this type.
Take steps to find out more. You may well have a case, and you should seek professional advice.
posted by howfar at 1:57 PM on April 6, 2017 [2 favorites]
Quite possibly the answer​ is "yes". Without looking at the title register and any documents annexed to it, it's not possible to say with any real certainty, but, from your description, it sounds as if your land has the benefit of a restrictive covenant over the land behind. If this is the case, then a cause of action will exist in respect of any breach. Accordingly, it sounds likely, from your description, that you have a legal right to sue if the landowner is breaching the covenant, or allowing it to be breached.
Beyond this, it's basically impossible to do more than speculate without​ looking at the paperwork and considering the specifics. My advice is use this tool to find a solicitor who specialises in property litigation, and shop around a few - see if someone will listen to your problem and give you an idea of what they can do for you, prior to entering into any fee paying arrangement. You can also try the CAB, but l, if I'm honest, the quality of advice is very variable. Shelter's helpline, on 0808 800 4444, might be able to point you in the right direction for further free advice, but isn't going to be able to give you much direct advice about a problem of this type.
Take steps to find out more. You may well have a case, and you should seek professional advice.
posted by howfar at 1:57 PM on April 6, 2017 [2 favorites]
Why is this not something the council is enforcing?
posted by DarlingBri at 2:37 PM on April 6, 2017 [2 favorites]
posted by DarlingBri at 2:37 PM on April 6, 2017 [2 favorites]
Best answer: Covenants of the type that the questioner appears to be discussing are private interests in land, rather than public zoning restrictions on land use. There are potentially things that the local authority might do in relation to the factual issues described, but the specific legal issue asked about appears, on the description here, to be a matter of private law.
posted by howfar at 2:45 PM on April 6, 2017 [3 favorites]
posted by howfar at 2:45 PM on April 6, 2017 [3 favorites]
Best answer: I agree that you should see a solicitor who specialises in property law to get advice about this; you have tried informal approaches to the owner and it hasn't worked.
You may have two routes as a landowner, I think: one possibly based on having the benefit of the covenant and one based on your neighbour's use of the land being a private nuisance (noxious smells and noises etc). When you see the solicitor, I would be careful to flag both the existence of the covenant and the negative impact on you of this new use of the neighbouring land. The latter could be important if your potential claim is in nuisance.
posted by Aravis76 at 2:59 PM on April 6, 2017 [2 favorites]
You may have two routes as a landowner, I think: one possibly based on having the benefit of the covenant and one based on your neighbour's use of the land being a private nuisance (noxious smells and noises etc). When you see the solicitor, I would be careful to flag both the existence of the covenant and the negative impact on you of this new use of the neighbouring land. The latter could be important if your potential claim is in nuisance.
posted by Aravis76 at 2:59 PM on April 6, 2017 [2 favorites]
Best answer: IAATownPlanner, IANYTP, TINTPA, but you say they are working past "normal" hours and something about an extension? Both of these aspects are potential planning enforcement issues.
Any physical extension to a non-domestic property may require planning permission (things have changed since I dealt directly with planning enforcement but if they require consent they would have to apply retrospectively for the change).
If there are planning conditions about working hours attached to the original consent for the units, again this is something your local planning enforcement section could investigate. Noise and nuisance are issues that council will look to avoid or control when granting permission for uses adjacent to residential properties in particular for this very reason - that such uses often give rise to complaints - and it would usually be done through the use of planning conditions that can then be monitored and if necessary enforced.
Either way it would be worth a phone call to the council's planning department.
posted by Martha My Dear Prudence at 5:02 PM on April 6, 2017 [1 favorite]
Any physical extension to a non-domestic property may require planning permission (things have changed since I dealt directly with planning enforcement but if they require consent they would have to apply retrospectively for the change).
If there are planning conditions about working hours attached to the original consent for the units, again this is something your local planning enforcement section could investigate. Noise and nuisance are issues that council will look to avoid or control when granting permission for uses adjacent to residential properties in particular for this very reason - that such uses often give rise to complaints - and it would usually be done through the use of planning conditions that can then be monitored and if necessary enforced.
Either way it would be worth a phone call to the council's planning department.
posted by Martha My Dear Prudence at 5:02 PM on April 6, 2017 [1 favorite]
Response by poster: Thank you all for your help and advice. The restrictive covenant was put in place in 1907 and when the land changed hands in 1984 there was a covenant added to say that the new owners would observe all restrictive covenants. I've also found out from the agenda for the planning committee meeting the original planning application and acceptance for the business park. It states as a condition of acceptance restricted opening times of 8-6.30 Monday to Saturday. With no work or business to be carried out on sundays. There's also mention of the fire escape routes being kept clear for access by the fire brigade, as well as that all fire escape doors must be kept closed, and that there is to be no open air storage. So I think I have a pretty strong case. I'm going to send all the info over to the letting agent and hopefully it'll do the trick.
I'll also call the planning department to find out about if the mechanics needed planning for the flue .
Thanks again for all your advice, I made me feel a lot more relaxed and hopeful that I could get this sorted out.
posted by Ranting Prophet of DOOM! at 6:58 PM on April 6, 2017 [1 favorite]
I'll also call the planning department to find out about if the mechanics needed planning for the flue .
Thanks again for all your advice, I made me feel a lot more relaxed and hopeful that I could get this sorted out.
posted by Ranting Prophet of DOOM! at 6:58 PM on April 6, 2017 [1 favorite]
Just coming in to also say this sounds like something you should pursue with your council, not just as a planning issue, but also as a noise issue - my local council has a noise abatement team who will come out and visit you to investigate noise claims. Contact your local councillor too, they may be able to bring pressure to bear, and may know if other local residents have also complained.
posted by penguin pie at 3:56 AM on April 7, 2017 [1 favorite]
posted by penguin pie at 3:56 AM on April 7, 2017 [1 favorite]
This thread is closed to new comments.
posted by parmanparman at 12:42 PM on April 6, 2017