Restrictive Covenants

[WorkingMummy01]

Hi All. I've got an enforceable 15yr old restrictive covenant on my property preventing extension on our house to prevent any 'harm' to next door's house. We're gearing up to discuss our plans with the neighbour hoping they will agree to waive to permit a modest ground floor extension, but know they will likely say no having read previous correspondence to the previous owner; they are very particular about their house and not very friendly despite numerous attempts!!
We know we're in a very strong position under s.84 (aa) if we had to take this to court to discharge or modify the RC - we've existing planning permission from the previous owner to extend our house right out to our boundary (4 metres away), which demonstrates reasonable use of the land. The last owner didn't extend this side due to this RC, only extended the opposite side so now our house looks lopsided.

We actually want to extend out by less than half (1.5 metres ground floor only), to make the house symmetrical but also open up what is otherwise 8.5ft wide rooms and an impractical redundant tiny garage on that side. After extension there would still be 3-4metres between our properties. Our extension would not impact their light, view or hedge and yes, works outside would take 5-6wks but our builder only works during their work hours and will screen off works for privacy. We'd also have mini piled foundations laid in half a day to protect the trees and hedges on our borders.
Discharging this RC is unnecessary because it will stop any future attempt to overdevelop the 1st floor and destroy our house's character ... My question is, are the neighbours in their rights to demand a sum of money, a ransom, of whatever they see fit?? I know they have to be seen to be reasonable , if we proceed to court and they are unreasonable I know they will be liable for all costs. What would be a reasonable sum of money for them to ask, if at all? e.g. Can they ask for a percentage in the uplift in value? Or because of the noise and disruption, even though tey are out all day? (and our properties are pretty well screened from one another).The surveyor we had when we bought the house thought the RC was ridiculous and said there would be zero impact to their property if we extended. A planning consultant has also said the same and highly unlikely building work would cause their property any harm, but a party wall agreement would take care of that. Any ideas on sums would be much appreciated!

It depends on the wording of the covenant. You need specialist advice, not the internet. Pick your solicitor carefully because you need expertise in covenants, not just general conveyancing. If anyone has recommended solicitors it would be useful. Mine was rubbish, I did most of the work agreeing the covenant on land I bought! I ensured the covenant had an expiry date to prevent future issues.

Hi Rollercoaster, RC wording is a succinct 'not to extend to the east side of (our property)' - so prevents any modification no matter what size, and our neighbor, whose property sits 7 metres away, is the sole beneficiary. We've previously had a RC specialist look at it and he advised speak to the neighbour first, as 'they have to be shown to be reasonable'. He also briefly mentioned 'some think they will be able to demand money, that it's a ransom scenario, but it's not the case'..then rambled somewhat that perhaps SOME money might be payable to them - i.e. not clear!!!
If any one knows about typical percentages/levels of payment - if any - for a neighbor to waive a RC to permit one narrow side extension which will not impact them (via letter to solicitor) - it would be greatly appreciated - my DH wants a heads up on possible sums first before he has kittens haha!!

hmm, mine has an overage clause so is clear. Yours sounds like a total block. You may need to reconcile yourself to not extending that side, you bought the house with that clause didn't you, so that is the default position.

Talk to your neighbour, it is entirely up to them whether they will accept any financial recompense for removing or altering the covenant. They might ask for so much it is not worthwhile extending. Worth understanding their concerns and the reason for the covenant.

Yep, it's a complete block on any extension. Having done some digging, when the RC was put in place it looks like both houses were up for sale the same time so it's likely this RC was put in place as a condition of sale during conveyancing. At the time there were a number of properties being redeveloped and built in the area and as most of the houses down our road are much bigger than our place, the precedent to rip apart and create something much larger is there. The ridiculous thing is, we want the RC to stay in place because we don't want someone in future to come along and do some huge overbearing extension, it would wipe out the character of the house.
When we bought we thought this house would have done us fine but life's moved on - another kid, now both work from home, an elderly parent needs care blah blah...
We know we've got a very strong case to modify this RC, since it's preventing 'reasonable use of the land' and our proposed ext would not 'injure or harm' the beneficiary (incl devalue). We're ready to go down the court route if we have to, the prob is it can take 2 years to sort out and we need the space asap! Hence hoping they'd agree to waive, but we need an idea of what is 'reasonable costs' for tis - if any.