Restrictive covenant leads to positive outcome for clients

When Geoffrey and Pauline Coleridge objected to their neighbours building a new garage, they turned to HCR Hewitsons for help.

Their neighbours had applied for planning permission to build a new double garage, which would ultimately disrupt the view of the close they lived on.

However, the seven homes on the close had restrictive covenants written into their deeds. These prohibited the building of “external additions” – which the garage would be – to keep the green space on the close as purely ornamental gardens.

As the case continued through 2020, the firm kept in touch with Mr and Mrs Coleridge through Covid-19 lockdowns, providing advice and support in difficult circumstances.

Geoffrey and Pauline’s neighbours applied to the Upper Tribunal to have the covenant modified to allow for the garage. However, the application was rejected on the grounds that the covenant served all of the homeowners in the close and allowed collective control over the way the space was used.

Following the case, Mr Coleridge said to Natalie Minott: “Thank you for the excellent way you looked after us during the proceedings which were made all the more challenging as a result of lockdowns. We were also very pleased with the continuity maintained throughout.”