Can Covenants be challenged? Please help with advice!!!

tenke

Hi all,

We are in the process of buying our 1st house and had planned to put a small lean to conservatory on the side, of the property.

When we read the restrictive covenants, it says:
- not to erect any building or part of a building except bay windows and porches of ordinary size nearer to X rd and Y road.

Line building referred to is set back 15 feet from X and Y road.

Now this is a corner plot, and we are interested in putting a lean to conservatory that is 2.50 mts all surrounding areas, and 15 feet is approx 4.5 mts.

Could we still do it? or this f.... convenant set in 1928 will scr... us??

Thanks for your help, sorry my passion:o

Doozergirl

Some kind of indemnity insurance perhaps if you go ahead with the conservatory?

Worth asking your solicitor.

devon007

A few things to consider
1. You cannot get indemnity insurance for this sort of thing until the conservatory has been up 12 months.
2. You can get restrictive covenant consent if you can trace who has the benefit to enforce the covenant.
3. Look around the neighbourhood and see who else has put up constructions that breach the restrictive covenant. Ask them if they got any consents under the deeds or if they experienced any problems with anyone telling them they were in breach.
4. If your solicitor knows who has the benefit of enforcement of the covenant - it may well be that the "owner" would be willing to release all or some of the restrictive covenants on payment.
In Paignton Devon one well known company are releasing properties from all their restrictive covenants on payment of a one off sum of £300 per property!

You actually could do what a lot of folks do, feign ignorance, put the construction up and do nowt else! When you come to sell, if the buyers have a decent conveyancer who notices you can offer to pay for restrictive covenant indemnity insurance then, and the premium will be taken at the point of completion so you don't put any money "upfront"

tenke

Hi,

Thanks for the answers

When asked my solicitor says according to the deeds it would appear that we can extend but to the rear, not the side.

The neighbour next door, seems to have a rear extension but dont remember about the side, have to try to peep around.

This house is detached, enighbour's as well, but I wanted to extend on side to have privacy in the garden as my back is surrounded by 2 neighbouring houses

Now, the thing is there is already a small sun room, on the rear, but the owner says it was there when they bought it, will that damage my project of extendign further in the property?? This again is a little lean to sun room, old with single glazing...

Any ideas?

This indemnity insurance, how do i go about that? Dont quite get it...

Thanks again

princeofpounds

It is key for you to read the covenants and understand who has the ability to enforce them. It may be that entity has disappeared (eg a bankrupt building co.), does not care or is willing to give you permission.

Indemnity insurance will cover you if you have a loss from lawsuits arriving as a result of your actions in breaking the covenant. Get it from an insurance broker.

Mark_Davis

princeofpounds wrote: »

It is key for you to read the covenants and understand who has the ability to enforce them. It may be that entity has disappeared (eg a bankrupt building co.), does not care or is willing to give you permission.

Indemnity insurance will cover you if you have a loss from lawsuits arriving as a result of your actions in breaking the covenant. Get it from an insurance broker.

I live in an area that is covenant mad and all are fully enforced.

They were originally placed by the Estate owners who wanted to control all building.

You may be lucky in that the original reason for the covenant has long gone and therefore it will be easy enough to remove.

Your conveyancing lawyer should have advised you accordingly

Richard_Webster

You may be lucky in that the original reason for the covenant has long gone and therefore it will be easy enough to remove.

Yes, but the cost of an indemnity policy will be a lot less than the cost of removing the covenant.

A few things to consider
1. You cannot get indemnity insurance for this sort of thing until the conservatory has been up 12 months.
2. You can get restrictive covenant consent if you can trace who has the benefit to enforce the covenant.
3. Look around the neighbourhood and see who else has put up constructions that breach the restrictive covenant. Ask them if they got any consents under the deeds or if they experienced any problems with anyone telling them they were in breach.
4. If your solicitor knows who has the benefit of enforcement of the covenant - it may well be that the "owner" would be willing to release all or some of the restrictive covenants on payment.
...
You actually could do what a lot of folks do, feign ignorance, put the construction up and do nowt else! When you come to sell, if the buyers have a decent conveyancer who notices you can offer to pay for restrictive covenant indemnity insurance then, and the premium will be taken at the point of completion so you don't put any money "upfront"

The above is all good sensible advice.

May be difficult to get a policy before doing the work as usually the insurers like to see planning permission applied for to see if anyone comes out of the woodwork objecting/threatening to enforce covenants. Your extension may need planning, but might not - you will need to check, particularly if there is already some kind of extension/conservatory on the house. Policies given before construction start at around £750 whilst after 12 months it could only be £100-£200 or so.

Running_Horse

We went for a house that had a covenant stipulating no conservatories, and almost every single house in the road had one. Have a look round the area.

planning_officer

Just for info, the extension will require planning permission too, as it extends beyond a side wall that fronts a highway, therefore it will not benefit from permitted development rights.

SplanK

I think a lot of these convents are put in place to prevent people "spoiling" the builders look of the area during development rather than long term use..

Out house has a convent (with many others....) that stipulates that you are not allowed to put any TV receiving equipment on the side of the house...

more or less everybody on the street, including ours has a sat dish!

Richard_Webster

SplanK wrote: »

I think a lot of these convents are put in place to prevent people "spoiling" the builders look of the area during development rather than long term use..

Out house has a convent (with many others....) that stipulates that you are not allowed to put any TV receiving equipment on the side of the house...

more or less everybody on the street, including ours has a sat dish!

But when these people sell, if a consent cannot easily and cheaply be obtained under the covenants, and the sat dish has not been there 20 years, they will have to pay for a restrictive covenant indemnity policy.