Restrictive Convenants

[mrkjd]

This is related to my other thread re fencing. I am wondering if it is possible to find out what the convenants are on a property before making an offer and engaging a solicitor. Would the deeds available from the Land Registry website include them for example?

 

[GeoffJ]

Yes - usually (but in some very rare situations they may not be listed within the deeds)

As the purchaser you need to be made aware of any covenants before you are committed to buy the property. You solicitor will likely do this by giving you a copy of the deeds. If for any reason you are no made aware of the covenants before purchase then you may be able to use this in any court proceedings that may be brought against you to have the proceedings dismissed.

You may also be interested in this intro document that I put together for covenants.

http://www.localplanningapps.co.uk/knowledge/IntroCovenants1.html

 

[^woody^]

in some very rare situations they may not be listed within the deeds)

Where will they be then?

 

[GeoffJ]

Good point - I meant to say "in some very rare situations they may not be listed on the Land Registry"

 

[londoner1]

My restrictive covenant prevents me from erecting fences above 3ft, i ignored it and put in 6ft ones many years ago.

Bo diddly happened.

 

[wessex101]

Bo Diddly died! You killed Bo Diddly by putting up a 6ft fence...shame on you.

 

[^woody^]

My restrictive covenant prevents me from erecting fences above 3ft, i ignored it and put in 6ft ones many years ago.

Bo diddly happened.

And?

 

[mrkjd]

Thanks for the replies, I'll check out Land Registry for deeds.

 

[mattylad]

ISTR reading that restrictive covenants may have been agreed between parties many years ago may not be enforceable now especially if neither of the parties are around to enforce it.

I.e. take the 3' fence above - if the party that wanted this is no longer around i.e. the builder has gone out of business years ago, then a covenant is worthless as noone can enforce it.

 

[^woody^]

may not be enforceable now especially if neither of the parties are around to enforce it.

The covenants run with the land, not parties. So the beneficiary is the landowner and successors to the land.

 

[Nige F]

Like top of the pops here
Bo Diddley

ISTR reading that restrictive covenants may have been agreed between parties many years ago may not be enforceable now especially if neither of the parties are around to enforce it.

I.e. take the 3' fence above - if the party that wanted this is no longer around i.e. the builder has gone out of business years ago, then a covenant is worthless as noone can enforce it.

and Peter Noone.

 

[delberto]

As stated above the covenants run with the land but only if they are restrictive covenants stating things you can not do. Positive covenants do not run- so if the person who signed up to the original convents agreed to do something then you would not be obliged to continue doing that. That is my interpretation of the law anyway, but you should go onto landlordzone, that site is full of legal questions/answers and info and all go free too.

 

[mattylad]

They may go with the land but they also need someone to be able to enforce them.
If the original developers that instigated the covenant are no longer around then the covenant is pointless.

Try gardenlaw.co.uk for some advice about land boundaries,

 

[delberto]

That is not strictly the case. The person who owns the land with the benefit has the right to enforce the covenant against the person who owns the land that is burdened, regardless of how many times either piece of land changed hands.
The person with the original benefit may be a developer who moves on and does not care less but in a development situation benefits and burdens are most often mutualised so that each person can enforce against the other if need be, through the courts obviously. That is how I understand it anyway, having had a lot of 'covenant reading fun' recently.

 

[GeoffJ]

Delberto,
That is also how I read it.

As with all aspects of covenants there are always complications. Where ingress roads are built or there are other community spaces then the developers may retain title of the shared spaces.
The developers may then charge a fee to review any application from house-owners that seek formal permission to contravene a covenant that seeks to diminish (in their opinion) those spaces.
This can include permission to park trade vans, convert gardens to hard standing, installation of natural or physical fencing, skylights, dormers, extensions, conservatories etc.

From TV snippets that touch on this subject it appears that some developers will aggressively protect their rights until they have sold all the units on that site. After that, it is just a money making process - if someone wants to build a conservatory or an extension then the developer will seek a slice of benefit from the owner.