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Can I Extend?

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Hi all,

I wonder if anybody would be good enough to give me some advice on this one. Basically, I have a query relating to a clause in my title deeds. It appears in Section A of the deeds (so I guess that makes it an ‘easement’ as opposed to a ‘restrictive covenant’) and the relevant bit is as follows:

“…no shed erections or buildings shall be erected in the garden of the premises hereby conveyed other than a garage not to exceed 8 feet by 16 feet by 6 feet to the eaves the plans of which shall be previously submitted to and approved of in writing by the Vendor.”

This clause was added following a conveyance of the land in 1930 between the Vendor (who appears to have been a property developer) and the then Purchaser.

We’re looking to build a side extension (bigger than the garage dimensions mentioned above) and are concerned that this ‘easement’ may be prohibitive. Please can you advise as to what the implications might be if we go ahead with our plans? Can anybody object – the original Vendor (if he is still around) or his successors?

Any advice gratefully received!

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