I issued proceedings against my freeholder a couple of years ago to restrain him from committing a trespass into the demised airspace above the patio of my leasehold property and breaching the quiet enjoyment covenant by building an extension to his upstairs flat. Upon submitting my claim to the Court for judgement, the freeholder backed down and agreed to enter into a Consent Order with me (signed by the Court) whereby he undertook that for so long as he and I retained our respective freehold and leasehold interests, he would not proceed with building his extension.
I am now trying to sell my leasehold flat. A buyer has just pulled out on the grounds that the existing Consent Order protects me against the freeholder building his extension but not my successor in title.
It was not my original intention to enter into a Consent Order with the freeholder and the purpose of my claim was precisely to obtain an injunction from the Court to restrain anyone from trespassing into my property. But the freeholder backed down and I accepted to enter into a Consent Order with him as explained above.
What can I do now to ensure that I don't lose another buyer? Is there a way I can resubmit my claim to the Court to obtain an injunction that would protect any leaseholder from the freeholder on the grounds that the existing Consent Order is preventing me from selling my flat?
Many thanks in advance for any help you can offer!