Restrictive covenants - how enforceable are they

Slinky

Not sure this is really the right place to post, but couldn't think of another.

Along with other houses in our street we have a covenant on our property stopping us parking caravans on the drive, or keeping chickens or pigs. The property was built over 30 years ago, builder long since gone out of business. Part of the land down this street was purchased from a farmer whose family still own the adjoining land. Only about 3 square yards of this land is on my plot. The other land on which most of my property stands was bought from another landowner who no longer lives in the area.

If we or somebody else was wanting to keep chickens, could anybody enforce the covenant and if so how would they go about it.

cattie

There is a covenant on most of the land in my area against pubs & other establishments that sell alcohol. There has recently been an article in our local paper about a group of residents from nearby roads complaining about 2 shops that have recently opened, which stay open till late at night & sell alcohol.

The residents are complaining that this has encouraged a lot of binge drinking & antisocial behaviour from groups of youngsters who are now congregating in the area. They are trying to enforce the covenant with the help of the local councillor. However, the local council has stated that it has no power to enforce the covenant.

Different councils may view such things differently, so it may be worth a phone call to your local council & asking a hypothetical question about a neighbour keeping chickens.

BobProperty

Slinky, in your case you may have the Human Rights act on your side and the covenant looks like it was put in place to prevent competition with the farmer. As that is arguable a restriction on your rights, you may be able to get that covenant removed. Who you approach and how I'm not sure. Someone must still "own" those rights, who is the lease owner if it is leasehold, or who do you pay the groung rent/chief rent to if freehold?
It one of those situations where I suspect it would cost money to sort out, but if you ignore it and get caught breaking the convenant then you will get landed with legal costs if you don't stop doing it, the moment you are told to stop.

BobProperty

Cattie - don't forget a lot of covenants and the like were put in place to keep up standards in the neighbourhood. They existed long before planning rules came into being and were effectively private attempts at planning restrictions on a development. I can remember a friend of mine owning a piece of land on which he wasn't allowed to mine, burn bricks, run a gin palace or brothel.

Slinky

The property is a freehold house, so there are no rental payments to anybody.

BobProperty

Slinky wrote:

The property is a freehold house, so there are no rental payments to anybody.

There's no chief or ground rent at all? or is it no longer economic to collect it so no one has bothered for years?

BobProperty

whoops brain not warmed up yet - you said the builder went out of business didn't you and he probably holds the rights.

Slinky

Never heard of cheif or ground rent! What's that all about then?

As the builder went out of business, can we presume then that the enforceable rights under the covenant died then?

silvercar

If the builder went out of business his rights may have been sold or passed on to someone else.

The council could enforce covenants if it wanted to. Also your neighbours, presumably being aware of the covenants could go to court to enforce them.

In a previous property there was a restrictive covenant preventing fences between front gardens. One neighbour threatened to take another to court over it.

Slinky

Baffled why the builder or anybody else he might have sold his 'rights' to would be interested after 30 years! I can understand it whilst he is still selling homes up the street but why should he give a monkeys now!

Can only see the neighbours or possibly the council being bothered.

molotov_3

A Restrictive convenant is effectively a legally binding promise between buyer and seller.

This means whoever sold the land that your house is built on to the builder sold it subject to that covenant and you would have taken over the covenant once you bought the property from the builder.

So whoever has the benefit of the covenant could sue you if you breach it. Do you have a copy of the covenant?, if so it should tell you what land has the benefit of the covenant then you need to find the current owner of that land.

Options:
1. Ask current owner of the land if can remove covenant (probably have to pay some money to get them to agree)
2. Get indemnity insurance to cover you if you get sued for breaching the covenant.

Best to stick to the covenant but if you really wish to break it then you should get proper legal advice as this is a complicated area!