Restrictive covenants - how enforceable are they

Richard_Webster

The deeds and covenants are entirely separate, so it's irrelevant what they say - they're a private matter between you and whoever the covenant is with. The Council have no involvement in them.

Just to emphasise this point that many do not understand!

TallulahM

Glad someone brought this up, we are currently considering purchasing a house, which we have just found out has the following covenant.

PLEASE NOTE: There is a restrictive covenant in the title of the property that prevents owners/occupiers of the property from keeping Dogs or Cats.

This market has been on the market for sometime, which we were surprised by as it is a stunning property in a lovely location, it has a septic tank, oil fired heating and water from a private source - we thought these were things that may have detered most buyers (not us - we are used to this kind of living) but to not be able to keep dogs or cats seems ludicrous.

The property is rural but well fenced, and I can't imagine why anyone would go to lengths to put a covenant in place to stop the owners from keeping dogs or cats - I guess dogs could be a threat to local livestock, but cats? so odd!

We have dogs and would not consider buying the property with such a covenant, but how easy could it be removed? Which authority could advise me about the specifics of the covenant etc so I can find out more...

LisaLou1982

BobProperty wrote: »

Slinky, in your case you may have the Human Rights act on your side....

Why on earth would you think the Human Rights Act would have anything to do with this situation???!!!!!

Kaz2904

You can take out insurances against some covenants being acted upon. When we bought our flat it was part of a divided house and the house had a restricted covenant on it ever being divided into flats.
Our solicitor just told us to get the insurance renewed at the previous tenants cost (which was done as far as I know). They felt it was so far in the past it would be no matter.
When we sold the flat we heard no issues about this and weren't asked to pay for a further insurance and the solicitor didn't ask any questions about it.

delmar39

Restrictive covenants are enforceable through the County Court. However, it'll cost you. They are a bit of a grey area. For example, in our old house each property had a covenant restricting it to private dwelling only, but a new person moved in who set up a guitar business and there wasn't anything we could do about it without shelling out money and going through a long and drawn out process. They got planning permission as the two things are seperate (see above from the planning officer) so that was that. We moved in the end (not connected with this) and our solicitor said that any breach of covenants may be picked up when it comes to selling a house so it could cause problems down the line so just be aware.

Nosht

RLH33 wrote: »

This is an interesting thread. A housing development very local to us (about 25 houses) has a covenant saying commercial vehicles cannot be parked on the driveways. However someone has recently reported the parking of such vehicles on driveways to the housebuilder who have written to every house pointing out their responsibilities re: the covenant. Would this be an enforceable covenant?

I would be interested to know as I half had my eye on moving there if a suitable house came up but as my husband is self employed we have a signwritten van we would breach the covenant by parking it on the drive.

I once lived in a house with this restriction & solved it by parking my van in the street & also buying a Land Rover.
Also we were not allowed to have fences between the houses, which was alright by me.

N.

timmyt

Slinky wrote: »

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.

well done OP for highlighting this. Many readers of this website will have gone cheap and used a lawyer who failed to reveal to the relevant readers that their deeds had similar covenants.

You can always tell a cheapo lawyer client. Those who park the wrteched white vans in breach of the covenants. Either that ior the parker is just ignorant.

Anyway...for the readers who are using a decent lawyer.......the wording of the covenant is crucial.

Covenants that are restrictive in nature (not to do something) are binding on your property, and unless there is a clause saying you must get consent from a named company (who then goes out of business and you are then free to keep them) you will need to work out who took over ownership from that company if that company retained land that received the benefit, or you work out in what order your house was sold off among the various plots. Only those sold after yours was sold would certianly have the ability to enforce. The Transfer to you may also give all plot owners the right to enforce.

Covenants are very messy and highly highly complicated.

You need a specialist lawyer I am afraid.

Contessa

Does a restrictive covenant on a leasehold property continue if the freehold is bought?

andthatmakesone

My developer wanted me to take out an insurance policy (costing £150) against a restrictive covenant on my property before accepting it in part exchange. I told them that I wouldn't do it, and it hasn't stopped the exchange.

Either they insured it themselves, or it just wasn't that important in the first place. Never did find out what it was for.

timmyt

Contessa wrote: »

Does a restrictive covenant on a leasehold property continue if the freehold is bought?

showing on a leasehold title but not on the freehold? no general answer will help. case by case