If you are the benefactor, or the successor in title to the original covenant benefactor you have the right to enforce, through the courts, a restrictive covenant. Depending on the type and stage of breach, different actions will be required.
Unfortunately in most cases establishing who the benefactor of the covenant is require the opinion of counsel (a barrister), meaning an initial ‘guarantee free’ cost (in the instance consel establishes you are not the successor in title).
Enforcing a covenant is time barred, this means you cannot allow a breach of a covenant and attempt enforcement years in the future.
You will also likely be unsuccessful in enforcing a covenant if you have allowed breaches in the past for example, your neighbour is bound to paint his house pink, but you allow him to paint it blue.
Relevant Documents:
Title Register
Title Plan
Title Deeds
See Also:
What is a Restrictive Covenant
Can I Modify a Restrictive Covenant
Can I Remove a Restrictive Covenant |
