Restrictive covenants - how enforceable are they

Kaysie86

Hi,

I need some advice from a legal eagle!

I want to put some ex-battery hens in my garden - however on the deeds it states that no fowl is allowed to be kept. I've been doing some research and found the allotment act 1950. I understand that it states that the owner of any land is allowed to keep rabbits or chickens despite what any covenant, restriction or rule says. I also read off another forum that an "allotment" described in the original 1922 allotment act that an allotment constitutes an allotment garden or a piece of land less than 5 acres that is either to be used as a farm or a garden farm (whatever that is??).

I have a small garden and although my next door neighbours have said it was okay with them, I am a bit concerned that the neighbours at the back may complain. The only way the builders can find out is through a neighbour because it's not something anyone can see from the front of the house.

Therefore, if the builders find out, can I use this as a legal argument and get no reprisals from it?

Help!

terryw

Try a new thread rather than this one.

kerryowang

Hi,
I am new to the site and stumbled across this thread by accident and I am really hoping you could help shed light on our restrictive covenant. We have a restrictive covenant on our deeds worded thus (extract):

"....the purchaser hereby covenents with the vendor and his successors in title and also as a seperate covenant with every owner for the time being of any part of Cart Blanche Estate (obviously name changed here!!)....."

Does this mean the residents forever more, or does it mean only the residents at the time of purchase? Meaning, does the benefit pass on to subsequent purchasers of houses in the Carte Blanche Estate, or was the benefit for the original purchasers within this building scheme. The covenant was also with the original vendor (who has since passed away). It is the term "with every owner for the time being" that we are not sure about...

really hope you can help, thanks

DesignAngel

I too have a similar problem where I live. We live on an estate (approximately 10 years old) and knew when moving there that there were restrictive convenants which we took as a positive when purchasing as it restricted the overnight parking of Caravans, commercial vehicles etc and thought not having these would enhance the estate. However, we seem to have a new neighbour who not only brings a commercial vehicle but also brings his industrial equipment and stores it on the drive in front of his house (next door to me) ie Mini Diggers etc. I told him that there was a restrictive convenant on the estate and that he was not allowed to bring them back, he said he would not bring them back but now seems to have decided he will do exactly as he likes and stores it on his drive.

Can anyone advice what and where I can go to try and enforce this covenant, i've tried the reasonable approach but it hasn't worked.:(

getmore4less

DesignAngel wrote: »

I too have a similar problem where I live. We live on an estate (approximately 10 years old) and knew when moving there that there were restrictive convenants which we took as a positive when purchasing as it restricted the overnight parking of Caravans, commercial vehicles etc and thought not having these would enhance the estate. However, we seem to have a new neighbour who not only brings a commercial vehicle but also brings his industrial equipment and stores it on the drive in front of his house (next door to me) ie Mini Diggers etc. I told him that there was a restrictive convenant on the estate and that he was not allowed to bring them back, he said he would not bring them back but now seems to have decided he will do exactly as he likes and stores it on his drive.

Can anyone advice what and where I can go to try and enforce this covenant, i've tried the reasonable approach but it hasn't worked.:(

If they were put on by the developer start with them, a phone call might be enough for them to show interet, they might however just say we don't care anymore and would remove them if asked.

I am thinking of checking a couple on our deeds to see if the developer will want to enforce them.

Mrs_Mop

Can anyone help? My parents have a covenant on their property (the builder is no longer business) which restricts caravans on the property. They have someone who wants to purchase but wishes to park a caravan there. Can we have the covenant removed?

chappers

things like keeping caravans or keeping chickens are pretty minor just do it if someone can be bothered to enforce such a petty covenant then just move the caravan or stop keeping the chickens.
Removing a covenant ,where the originator is no longer contactable, is so time consuming, complicated and probably costly, as to make it virtually impossible.

johnbrown63

Hi could some one please give me some advice on a restrictive covenant.
I recently purchased a run down farm house with 15 acres of agricultural land with the intention of doing the house up and hosting the odd car boot sale on the land. When I brought the land there was no mention of a restrictive covenant and is no record of it in my title deeds.
Two week ago I met my neighbor for the first time and got chatting telling him what I was thinking of doing. To cut a long story short he produced a plan showing my land and a restrictive covenant stating that the land could only be used for agricultural and horticultural use so i could not have a car boot sales on it.
I phoned the council and they said they do not have any problems and there is a provision in the GPDO called the 14/28 day rule where any piece of agricultural land can be used for any purpose for 28 days in any one year without planning permission/change of use , therefore the land always stays agricultural. This rule is what most boot fair and motor sport organizers use.
I informed my neighbor of this but he still insists I can not have car boot sales and if I do he will use the restrictive covenant and take me to court and sue me for costs ect.
He is also now saying my 5 year old son can not ride his very small very quiet motorbike on it as its not agricultural?
Any help or advice would be much appreciated

planning_officer

kimarie63 wrote: »

we have recently brought a strip of land with 9 conifer trees that were not maintained and had grown out of control. The land was sold to us as priavate gardens and the covenent states that the land was for private dwelling house with private gardens. After checking with the council for TPOs, which there were not, we removed the trees. We also checked on the boundary fencing and moved the fence to a metre of the boundary as the land has a right of access footpath. We have replanted 16 trees on our side of the fence. We applied for planning permission and have now been told that they understand the land to be amenity land and that planning permission has been refused. We are also under threat of having to remove our fence and move it back to the original position. I dont understand all of this. We bought the land from the owner and nothing in the covenants said we could not use the land as private garden. I also now understand that the council planning department can over-ride land registry covenants. Is this the case? I am so confused and angry that the council told us we could do this and now say we cant. Help

Yep, the lawful use of the land in planning terms has nothing to do with private covenants or land ownership.

planning_officer

johnbrown63 wrote: »

Hi could some one please give me some advice on a restrictive covenant.
I recently purchased a run down farm house with 15 acres of agricultural land with the intention of doing the house up and hosting the odd car boot sale on the land. When I brought the land there was no mention of a restrictive covenant and is no record of it in my title deeds.
Two week ago I met my neighbor for the first time and got chatting telling him what I was thinking of doing. To cut a long story short he produced a plan showing my land and a restrictive covenant stating that the land could only be used for agricultural and horticultural use so i could not have a car boot sales on it.
I phoned the council and they said they do not have any problems and there is a provision in the GPDO called the 14/28 day rule where any piece of agricultural land can be used for any purpose for 28 days in any one year without planning permission/change of use , therefore the land always stays agricultural. This rule is what most boot fair and motor sport organizers use.
I informed my neighbor of this but he still insists I can not have car boot sales and if I do he will use the restrictive covenant and take me to court and sue me for costs ect.
He is also now saying my 5 year old son can not ride his very small very quiet motorbike on it as its not agricultural?
Any help or advice would be much appreciated

The provision in the GPDO for car boot sales is for 14 days in any one calendar year - not 28. This temporary use in planning terms has nothing to do with any private covenants and one does not overide the other - they are completely separate issues. So, yes, in theory your neighbour could still attempt to enforce the covenant even though you wouldn't be committing a breach of any planning legislation.

Regarding your son's motorbike - in planning terms, riding around on it would be an ancillary residential use (i.e. incidental to the enjoyment of the dwelling). He could ride around the garden of the property to his heart's content (subject to not causing a nuisance - separate Environmental Health legislation could stop any noisy activity), but if he is riding around the agricultural land on his 'toy', then strictly speaking that's a breach of planning control. I very much doubt any Council would enforce against it though - provided he isn't doing it all the time.