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problem with neighbors


tractor
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is there anybody on the forum that knows about property law because i am having a problem with my neighbors they have nocked down there external garage and erected a luxury wooden building and then converted it into a hair salon so now we have her customers parking all over the place causing problems i live in a narrow residential street i looked into running a business from my garage a few years ago my first port of call was to look at my freehold to see if it was allowed and no it is not you are not allowed to run a business from an outbuilding on your property so i contacted the council who apparently did a site visit and said there is no problem here the business can carry on so is the freehold not worth the paper it is written on 

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Not really my field (as you know) and last time i did land law was at uni 30 odd years ago.

What I do remember is that restrictive conevants are enforcable by the land owner that imposed them or their sucessor.

This is normally the developer of the estate or the person who divided up their land and sold it in parts.

So it is unlikely that you can enforce a restrictive covenant in a neighbour's deeds.

It is possible that there is no one left who has any interest in enforcing these covenants since the  developers will have no interest in an estate once the last lot is sold.

If this is the case where you live then your restrictive covenant probably will not stop you setting up a rival salon and undercutting (pun intended ) her prices.

(please take proper legal advice before acting)

 

Ozz

Edited by ozz
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I think that in order to run a business from a property that was only used as a residency previously, a change of use would be need to be approved by the planning authority. This is what a local in in my area had to do in order to use part of a garden as a car park. See the link below.

https://www.planningportal.co.uk/info/200130/common_projects/9/change_of_use

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thank you for responding ozz and sparepart as the houses were built many decades ago the developer will not be of any use from what ozz has said and reading the link from sparepart looks like nothing can be done about it as the council have been out to inspect the salon and approved its use i would assume she will be charged business rates on it 

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Probably no business rate due, it'll be small enough to be exempt.

Does the building comply with regs? If it's close to the boundary and next to your property then and a new build it should be fireproof so not made of wood.

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You say the council have approved. I assume that you have checked for applications and approvals on their web site ?, I went to https://planning.leicester.gov.uk/ and searched at 9 Welford Place (for example) to uncover application number 20142317 for a change of use that was approved. For most applications you can see all the documentation, including any letters of objection, and the decisions of any any other parties (like parish councils) that might get involved. If you can't find a change of use approval at the property address then I would contact the council formally, be letter to enquire on what grounds they have permitted the change of use. It might be that it was publicised using notices through your letter box or pinned to the property boundary giving notice of the application, and you did not object.

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