Hi all
We are in the process of sorting out our sale and our buyers solicitor has sent through some enquiries following our property information form.
The query centres around a covenant on the property from 2003, whereby it appears (I say this because the legalese is so hard to get my head around) that it was drawn up to protect the right of access for our property across the garden and side return of the next door property (essentially it’s the bin run!).
It also stipulates that an extension cannot be built on the next door property measuring externally in depth more than 4m from the existing rear wall of the existing dwelling.
When we moved in to the property in 2013, we immediately discovered that the week or two before, permission had been granted on a 2 storey extension to the rear of the property. Our neighbours reassured us that there would be no issue with right of way and they installed a gate further down the garden to provide this once it was built. There haven’t been any issues with this right of access at any time, but it is in a totally different position to that which is included in the covenant in the title deeds.
Nothing was drawn up legally, or any amendment made to this covenant to reflect the extension or the (slight) change to the access to the right of way at the time. If i’m honest, we had no idea about the covenant, our solicitor hadn’t previously made us aware of it and we were FTB and totally naive, typically.
My question is, does this mean that there has been a breach of this covenant? And if so, does this breach need to be drawn up legally? Should this have come up when the planning permissions were sought for their extension? Do we need to get this resolved with our next door neighbour legally now, who’s responsibility is it to do that, and - arghhhhh - will this hugely delay our move?!