Areas of Law / Property

I live on a small housing estate built some 40 years ago. The deeds state that properties are to be used as dwelling houses only, but many people are running businesses from home, employing not just themselves but other people as well. Who is responsible for enforcing the terms of the deeds?

If the houses on the estate are freehold you may be able to enforce the covenants yourself by court action. Whether you can do this is likely to be a complex issue and you should take a solicitor’s advice. If the houses are leasehold the right to enforce the covenants is likely to lie in the hands of the ground landlord, but the terms of your lease may enable you to compel him to do so. Unfortunately it’s possible that you can neither enforce the covenants nor get anyone else to do so.

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