Nuisance Covenant Stops Extension

It is normal for properties to contain covenants of different sorts and one which is common in residential estates is a covenant not to do anything which causes a nuisance to nearby property owners.

The Court of Appeal recently had to consider whether such a covenant would stop the building of an extension to a property on a residential estate. The property was subject to covenants not to erect any building which was not in accordance with plans approved by the estate’s management company and also do anything which might ‘be or become a nuisance’ to the other estate dwellers.

The man planned to build a three-storey extension to his house which would impede the views of the river Thames enjoyed by other residents. He argued that the restriction in the covenant applied to use of the plot (the relevant clause in the covenant included restrictions on use) and not to the erection of annoying buildings.

The Court disagreed, holding that the more general wording in the covenant was wide enough to include the erection of an annoying building.