Restrictive covenant
Discussion
Anyone offer any advice on this ?
My dad bought a building plot next to his house(leasehold) from a housing company who were selling off the field behind as building plots. He extended his garden onto the plot. The Housing company ceased to exist over 30 years ago. No one ever collected ground rent, and as far as we can find out no-one ever bought the company out.
When he purchased the plot, it allready had sewers ready for the house to be built (The manholes are still there) , but the seller put a covenant on it saying it was for use as a garden only.
Anyone any idea where he would stand, should he want to build a house on it (actually it's of more interest to me as i want to potentially build on it in a few years
)? The rest of the plots all have bespoke large detached homes on build by individuals.
Any advice appreciated.
My dad bought a building plot next to his house(leasehold) from a housing company who were selling off the field behind as building plots. He extended his garden onto the plot. The Housing company ceased to exist over 30 years ago. No one ever collected ground rent, and as far as we can find out no-one ever bought the company out.
When he purchased the plot, it allready had sewers ready for the house to be built (The manholes are still there) , but the seller put a covenant on it saying it was for use as a garden only.
Anyone any idea where he would stand, should he want to build a house on it (actually it's of more interest to me as i want to potentially build on it in a few years
)? The rest of the plots all have bespoke large detached homes on build by individuals.Any advice appreciated.
GTSDave said:
http://www.problemneighbours.co.uk/what-are-restri...
http://en.wikipedia.org/wiki/Restrictive_covenant
Indemnity insurance looks like a possible option. http://en.wikipedia.org/wiki/Restrictive_covenant
Would i be at risk from neighbours finding the covenant on the deeds and being able to act on it?
The simple answer to that question will always be yes I am afraid.
These types of covenants often have inclusions like having to pay toward the repairs of the local church, many of which over time get lost, forgotten and never acted upon. However, in the case of yours where it actually states that you are not allowed to build, you will likely need to seek the advice of a solicitor as to whether this can be removed. After 30 years, I would think you would get lucky, but I am not a solicitor.
The company I work for deals with Indemnity Insurance for Restricted Covenants (More often to cover against the type of covenant I referred to above regarding church repairs... That kind of thing, but where you would stand if you built on land that strictly stated that you can't, I am unsure.
You need to get legal advice on this aspect
These types of covenants often have inclusions like having to pay toward the repairs of the local church, many of which over time get lost, forgotten and never acted upon. However, in the case of yours where it actually states that you are not allowed to build, you will likely need to seek the advice of a solicitor as to whether this can be removed. After 30 years, I would think you would get lucky, but I am not a solicitor.
The company I work for deals with Indemnity Insurance for Restricted Covenants (More often to cover against the type of covenant I referred to above regarding church repairs... That kind of thing, but where you would stand if you built on land that strictly stated that you can't, I am unsure.
You need to get legal advice on this aspect
Edited by GTSDave on Friday 23 April 16:05
How enforceable are they?
We have restrictive covenants on our house and the neighbours prohibiting certain things (e.g. no opening or unfrosted windows on the south side), which our one neighbour basically ignores. The cost of enforcement was such our aggrieved neighbour just capitualted.
Restrictive covenants are a minefield. Often unenforceable for various reasons due to case law but people often hand over money if they ever want to sell the house/property in the future.
A lot of solicitors/surveyors don't really understand the current position so you need at least a regional firm for advice to make sure you get someone who understands them.
In the case of the firm that hasn't been heard of for 30 years it depends whether the adjoining owners have the benefit of the covenant. See a lawyer
A lot of solicitors/surveyors don't really understand the current position so you need at least a regional firm for advice to make sure you get someone who understands them.
In the case of the firm that hasn't been heard of for 30 years it depends whether the adjoining owners have the benefit of the covenant. See a lawyer
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