Property Deeds

[David & Jane Curry]

I would appreciate any help on the following matter.
Earlier this year we set up our B&B offering a single family suite, feedback from guests has been most positive and all was going really well until a couple of nights ago when one of the other residents on the road (10 properties in total) telephoned in order to make me aware of a restrictive covenant in our deeds preventing the running of a business from the premises. I'd be lying if I said that I wasn't aware of the restrictions, but as I'd spoken to both of my immediate neighbours before setting up I thought it might be OK. I would like to know if anyone has experience of successfully challenging or amending such a covenant.

[Martin]

To be honest I'd ignore it until such point someone does something formal. My interpretation of such things is that they are there to ensure that the 'quiet enjoyment' of your neighbours is preserved.

If you had opened a mechanics business on your drive, or a 5 bed b&b, then they may have a point, but for the purposes of this conversation I would consider the operation as you describe it as being 'working from home' rather than a full on business.

I would continue being polite and friendly to the neighbour concerned, and if they press it, I'd say something along the lines of needing to do something to make the family books balance.

In terms of it getting formal, I believe all your neighbour can do is complain to the issuer of the covenant, and it's then up to them to pursue it if and how they see fit.

All in all, I wouldn't panic.

Cheers,

Martin.

[David & Jane Curry]

Hi Martin
Thanks for your reply which has answered one of my other questions, which was, Who polices such covenants?
Like you say I have no desire to fall out with any of my neighbours and will continue to smile sweetly through gritted teeth at all of them. One of the main objections appears to be the increased volume of traffic cruising the close in order to check us out, quite how they distinguish between the ones checking us out and the ones looking at the two houses for sale I'm not quite sure, but there you go! All I know is that with a wife who has just had to retire due to ill health and retirement coming up for me in just over 2 years we need the money!
Thanks once again for your response It's certainly lifted my spirits a little, but not quite enough for me to be able to go through with my initial plan which was to reduce my full time hours at work.
Cheers
David

[David]

I'd have a word with my solicitor if I were you, as I understand it 'old' covenants can be taken off - at a price.