Bound to fail: Can I rely on my restrictive covenant to prevent building on neighbouring land?
By EsqSocial Corporation 30/11/20
A proposed development - A developer has obtained planning permission to build some affordable housing, but the land on which it wishes to build borders my land. Several years ago, when the land was divided up from a larger plot, my land secured the benefit of a restrictive covenant that prevents the construction of any buildings on the neighbouring land. Since the neighbouring land remains bound by that covenant, surely the grant of the planning permission is an oversight? If not, I will need...
By: Bryan Cave Leighton Paisner