Can you ever legally breach a restrictive covenant

[2Magpies24]

We are currently buying a small detached house with a garage on the side, there are 6 house in a row all identical.
There is a restrictive covenant from when the house was built 35 years ago stating that you cannot build above the garage (or go over 8ft, something along those lines).
Is it ever a possibility to get the covenant waived? I know the neighbours would agree to it as it would mean they could do the same and everyone is chomping at the bit to build over the garages. It would give us all some much needed extra space.
I'm pretty clueless about this sort of thing but wondered if it's possible and if anyone has ever done it? Thanks!

For me it would depend on who the covenant were in favour of. If it was the original firm of developers who had long since moved on, and may not even exist anymore it wouldn't bother me. Just take out an indemnity for the breach when you sell.

If it was to the benefit of Bob & Jane who still live 2 doors away then that might be a little more problematic.

Was it a covenant from the developer ? If yes approach them directly for an indication. If your lucky they may not even exist anymore.

I am wondering if the Covenant was imposed because the developer only put sufficient foundations under the garages to support one storey. You might be able to get the covenant waived but you would actually have to demolish the garage and put in bed foundations which would make it much more costly.

Thanks all. It was the developer that put the covenant in. I've just checked and they no longer exist.
I think it was something to do with the right to light of all the neighbouring properties, but if they all want to do it then I can't see an issue?

Covenants can be passed down through the generations unfortunately so whilst the original builder has died or stopped trading it doesn't mean that it ceases. From my vague understanding you have to apply to a court to get it removed. My house sale collapsed because of a restriction from the original builder - 200 years ago - because his descendants could take my buyer to court. Get a solicitors advice so they can read your restrictions in detail.

You can get it set aside or it may be unenforceable if the other party has disappeared or it was some time ago. Have any other properties done similar?

IANAE but it sounds highly unlikely someone is patrolling your street to check everyone is complying with a 35 year old covenant. Crack, on I say!

The fact that none of the others have yet done as you propose may mean that one of them has tried in the and failed I'd check with the neighbours to save yourself wasted money and effort. It seems odd to me that the houses are 35 years old and not one of them has yet built over the garage.No disrespect, but you can't have been the first people to consider doing it ,do my question would be,why has no one else got there before you.

I know the neighbours would agree to it as it would mean they could do the same and everyone is chomping at the bit to build over the garages.

If you know existing residents would agree and are chomping at the bit to do it themselves then it begs the question why they haven't explored already. Whilst covenants can be set aside, as other posters have detailed, it would imply that this one isn’t as easy to do so.

This is a good point. The extra cost of new foundations might have made an extension unaffordable for anyone who wanted to do it.

As well as asking your neighbours, it might be worth checking if anyone had ever applied for planning permission for a garage conversion that was refused. The covenant could be grounds for refusal.

Don't be ridiculous.

Get proper advice on this and check the covenant doesn't 'bind the land' before cracking on (and don't take advice from here). Because if it does then the beneficiary from time to time of the benefiting land could enforce.

The existence of a covenant has no impact on whether planning permission is granted or not.

I suspect the covenant is a red herring here.There must be a good reasons why none of the six properties have gone ahead with this 'obvious' improvement in the past 35 years. Either planning has been sought and refused in the past or there is something in the foundations which make it prohibitively expensive .

As a pp suggested you would need to take out some indemnity insurance. We had to for a weird covenant on our current house. IIRC it has to be done at the point of purchase, which could be why your neighbours haven’t extended if they didn’t know about that? Worth checking planning applications for your neighbours though to check if there are other reasons.