Q:Last month I erected a large advertisement hoarding on my land. My neighbour claims that by doing this I have breached a covenant not to allow any building on my land which benefits his land. Surely this can&’t be right?

Sept. 1, 2002
Depending on the nature of the hoarding, it could breach a simple covenant to prevent &amp;“building&amp;”. Bricks and mortar are not required in order for there to be a building. Indeed there is case law to confirm that in certain circumstances an advertisement hoarding is a building particularly if it is permanent in nature. Whether or not your hoarding is a building would depend on the physical characteristics of the hoarding (for example, the courts have held that a wall could be a building if it was large or stout but that if it was thin and more akin to a fence then it would not be a building) and also on the precise wording of the covenant. <p></p><p> If the covenant details the nature of the building that can be constructed, then a hoarding may be more likely to fall outside the definition of &amp;“building&amp;”. </p><p><b>NB</b> even if you are successful in arguing the hoarding is not a building and is therefore not caught by the covenant, the hoarding may still require planning permission.</p><p><b><i>If you have any questions for the Campbell Hooper team send them to the editor via e-mail: ben.roskrow@house-builder.co.uk</i></b></p><p><br> <b></b><b> The contents of this column should not …

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