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A covenant 'not to cause a nuisance or annoyance' is intended to benefit neighbouring land is very frequently encountered.

The recent case of Dennis -v- Davies [2008] involves such a covenant and had an interesting outcome.

Mr. Davies intended to erect a 3 storey extension on his property. The claimants sought to prevent the proposed extension on the grounds that it would breach the covenant which was worded as above.

There was no covenant stipulating that building could not be carried out.

The claimants advanced the argument that the proposed extension would harm their views of the River Thames.

On the facts of the case the claimants were successful. The test applied by the Court was whether reasonable people using their homes for enjoyment would be annoyed or aggrieved by the proposed works.

It was held the obstruction of the views, if building work went ahead, would amount to a breach of the covenant (not to cause a nuisance or annoyance covenant) and prevented Mr. Davies from completing his proposed extension.

email: enquiries@restrictivecovenants.co.uk

telephone: 01748 880173

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