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new property development query

  • 04-12-2022 9:14pm
    Registered Users Posts: 5


    My neighbor recently put in a planning application to build a brand new house in the garden at the side of his house. I live in a house next to this side garden.

    I know from the registry of deed documents for my house that the plot of land where my house and the neighbors house are located have restrictions that specify we can't build any new dwellings within the gardens we own.

    These registry of deed documents were written up between 1904 and 1920 when the houses were originally built.

    I suspect my neighbor doesn't realize these restrictions exist in his registry of deed documents.

    |'m wondering what will happen if my neighbor gets the planning permission to build the new house and then goes ahead and builds it ?

    Will he run into problems only when he wants to sell the house?

    If so how could he address these restrictions in his registry of deed documents?

    Would he have to go through some legal process to get his deeds updated so he can build or retain a new house in his garden?


  • Registered Users Posts: 21,813 ✭✭✭✭Esel

    Are you planning to object to the proposed development?

    Not your ornery onager

  • Registered Users Posts: 5 agencydude


    I already have objected to proposed development based on planning law type issues. Since then I came across this issue of the restriction on the registry of deeds. I'm not sure this issue would be of interest to town planners who want to comply with whatever development area plan they have.

  • Registered Users Posts: 21,813 ✭✭✭✭Esel

    It would be worthwhile to consult your solicitor regarding the clause in the deeds, to see if it is a valid reason for refusal of permission.

    Not your ornery onager

  • Registered Users Posts: 243 ✭✭chunkylover4

    Have you talked to your neighbour about this? If you don't get on then you could speak to their architect assuming one made the application. These types of covenants are often complex in nature (to put it mildly) and you should see a good solicitor if you haven't already. If the planning permission is granted (post appeal or otherwise) and you then decide to attempt to enforce a covenant your neighbour will have incurred significantly unnecessary cost.

  • Registered Users Posts: 25,430 ✭✭✭✭Peregrinus

    if this covenant exists, it almost certain exists for the benefit of the adjacent landowners — i.e. you. So the person with the standing to enforce, and interest in enforcing, the covenant is you.

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