Q&As

Do you have any information on the implications of building over a building line?

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Published on LexisPSL on 19/02/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Do you have any information on the implications of building over a building line?
  • Building lines in relation to highways

Do you have any information on the implications of building over a building line?

A 'building line' is a prescribed frontage line for building in front of which no new building, other than a boundary wall or fence, may be erected.

Generally, if a covenant to observe a building line has been broken, the potential remedies available to a landlord or a party with the benefit of a restrictive covenant include a claim for specific performance of an obligation contained in a building lease, an injunction requiring demolition of any part of a building which is encroaching on over the building line or to restrain the erection of a proposed structure. An injunction is an equitable remedy granted at the discretion of the court. Where damages would adequately compensate the claimant, the court may exercise its discretion and award damages in lieu of an injunction. For further guidance, see Practice Note: Remedies for breach of restrictive covenants and Commentary: The jurisdiction to award damages in addition to or in substitution

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