Q&As

A property is subject to restrictive covenants prohibiting building residential property and causing nuisance. Will building an extension to a residential property (which was erected prior to the covenants) breach one or both restrictive covenants?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 20/07/2018

The following Property Q&A Produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • A property is subject to restrictive covenants prohibiting building residential property and causing nuisance. Will building an extension to a residential property (which was erected prior to the covenants) breach one or both restrictive covenants?

The answer to the question whether the erection of an extension to an existing residential property will be in breach of a covenant not to build residential property on a piece of land or to cause a nuisance where the existing residential property was erected before the covenant was imposed will depend on the true construction of the actual words used in the restrictive covenants and the manner in which the proposed work is to be carried out.

Dealing first with the covenant against causing a nuisance; there is no suggestion that additional words such as ‘annoyance’ or ‘injury’ or ‘detriment’ are used in conjunction with ‘nuisance’. Nuisance is a narrower word than annoyance or detriment. The question has arisen in the authorities whether such a covenant restricts anything more than would

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