covenant

welshgirlcats1

Buying a house off a friend which was built in 1989, the land was purchased by the developers in 1975, and it say something like not structures or building shall developed without the orginal sellers consent but that consent shall not be unresonabily withheld. My seller has much paperwork but nothing that give shows that permission was granted, it most probably was.

The land is all registed with the land registry, and my seller is going to get a policy as long as it does not cost to much.

how much chance would the orginal sellers of the land have in coming forward tro claim the houses. The builders who built the houses are no longer trading

marion

david29dpo

your question does not make sense!

ukmonkey

It makes sense to me, I don't know the answer, but it makes sense!


Basically, his friend bought the house from a developer, who bought the land from someone. Something, somewhere says that the land cannot be used for building structures, without the original land owner's (i.e the bloke who sold it to the develoeprs)'s permission.

The OP asking basically saying that there isn't any record of this permission ever being granted.

The OP is basically asking, will this cause problems for him in the future?

Jorgan_2

I think there would be no chance of the original landowner being able to claim the properties. Are you sure this relates to the properties being built & not additional extensions & conservatories etc?

This is really one for your solicitor to sort out, without all the facts & information no one will be able to give a true answer on here.

welshgirlcats1

sorry in a rush when posted this, this morning,the vendor when he orginally sold the land to developers(Builders) back in 1975 had a convenant put in saying they could not erect any building structure or other erection on the land without submittings plans to the vendor and they surveynors. in 1989 3 houses were built and 5yers later more houses built. the type of coventant passes through each owner of the house built. ie the transfer to the proprietor contains a covenant to observe and perform the convants referred to in the charges register and of indemnity in respect thereof.

Botton line

the developer most probably did get permision for the house to be built but it cannot be found.

why does it matter now now when houses have sold and resold. Anything that means someone can claim on is problem. I have told my seller I need the policy because in future it could stop me selling the property. He does not realise that at present the orginal vendors can chase him for money. It is coplicated when it is a friend. Just had some legal advice, have been told not to buy without this, and not to alert any neignbours or the orginal developers as it would stop an Indemity policy being given

marion