Neighbour disputes

As most home buyers know freehold properties can be affected by restrictive covenants.

Solicitors take great delight in telling clients that their brand new house cannot be used as a fish and chip shop or as a bar at which alcohol is sold. All very amusing.

However a recent case in the Court of Appeal has cast new light on the very normal covenant "not to do anything which may be or become a nuisance or annoyance to the owners or occupiers " of adjoining property.

Generally it was thought that this covenant caught, for example, actions such as loud noise or constant bonfires - in other words some activity which adversely impinged on the adjoining owner's enjoyment of their property.

Now it seems that a static building - namely the erection of an extension - can in certain cicumstances be regarded as a breach of this covenant.

Obviously the question of whether an extension is a "nuisance or annoyance" will depend on the facts of each case but clearly one argument might be that the extension blocks a "nice" view - something previously thought to unactionable.

Has another gravy train for lawyers left the station?

I will let you know.