Title Deeds and law

[m501236]

i stay on a relatively new estate in scotland, my neigbour rents out there property with is not allowed as per the title deeds where do i stand on this issue as it is turning ugly.

[RAV1D]

Keep out of their buisness before it does turn ugly!!! Some one will report them so don't let them have reason to think it was you!

[m501236]

the situation already has police involment and they are creating a very unsocial atmosphere for all the other kids that stay in the area

[R1Geezer]

when did you see their deeds? Or are you talking about the land registry entry? In any case it's very rare that a covenant would prevent letting. Are you saying they are sub letting? Sorry, unclear.

[Buenchico]

I hesitate to post here as Scots laws can be very different to English ones. But, assuming that things are similar in Scotland, any covenant within the deeds must be TO someone. (e.g. my house in Sheffield had a covenant requiring that I kept the front step in good condition. That covenant was to the Yorkshire Electricity Board. Similar, my present house has covenants requiring that no television aerial be erected on the exterior of the house and that the gardens should be laid mainly to lawn. Those covenants are to Barratt Developments).

So it's the person (or body) that the covenant is made to who is the person (or body) who can seek to enforce it. With your estate being 'relatively new' it's possible that the developer (or whoever else the covenant about renting was made to) might be interested in enforcing it. (You can't. Unless the covenant was in some way linked to planning consent, neither can the local authority). However many developers lose interest in enforcing covenants as soon as they've sold all of their properties on an estate. (Every house around here has an external TV aerial and many gardens have been concreted over. Barratt Developments probably couldn't care less!).

So your only course of action is to report the breach of covenant to the person (or body) that the covenant was made to. It's entirely up to them as to whether they'll seek to enforce it or (more probably) not.

Chris

[m501236]

there title deeds are the same as it was a new build, several others have the same clause.