Buying a house Dog related Covenant/Condition, help please.

GDB2222

prudryden wrote: »

As I understand it, only the originator of the convenant can enforce it - so probably little chance of that.

Sometimes these covenants are reciprocal, ie there are also covenants in the neighbours leases, and everyone can enforce against the others. Anyway, the solicitor should easily be able to advise on that.

To the OP: say you buy the house and then the neighbours object, how serious would that be for you if you had to give up the breeding? BTW, if you are regularly breeding and selling litters it's a business for planning purposes, whether you call it an 'adventure' or not. (I think you mean venture, ie business venture.)

GJUK_2

rachie29 wrote: »

I have to say I think some of the answers to this thread are pretty disgusting. It's obvious that people who don't like dogs or who have had a bad experience are just venting out their frustrations against this person who is trying to seek advice. If you havent got anything nice or constructive to say, then don't say it. Were supposed to help each other out on here not get one over on each other.

GJMUK i'm sorry I can't offer you any help with regards to the house as I am currently in the process of looking to buy my first ever house. You have however, pointed out something to me that I will definitely look for when looking for my house! I wish you every sucess with your dogs and hope that they bring you and their new owners lot's of happiness. If your yard/garden is kept clean and tidy like you say, then at the end of the day as long as it's not affecting anyone else and you get the law issue sorted it's absolutley nobodys business.

It's a shame that these people have tarred you with the same brush as irresponsible dog owners that they have come across. Perhaps they should be open minded enough to realise that we are not all like that and most of us keep our dogs clean, healthy and happy.

Thanks mate, this is certinlay a 'problem' which I had never considered would be a 'problem'. I'm still unsure as to how much of a 'problem' it really is though...

GJUK_2

GDB2222 wrote: »

Sometimes these covenants are reciprocal, ie there are also covenants in the neighbours leases, and everyone can enforce against the others. Anyway, the solicitor should easily be able to advise on that.

She is waiting for paperwork to confirm just that I think. She said that could be the 'loophole' for me if there is 'no one' to enforce the covenant any more...

To the OP: say you buy the house and then the neighbours object, how serious would that be for you if you had to give up the breeding? BTW, if you are regularly breeding and selling litters it's a business for planning purposes, whether you call it an 'adventure' or not. (I think you mean venture, ie business venture.)

Quite a bit negative if I had to give it up. I breed the dogs for showing, not for the money. In fact most of the money goes on the bloody food!

I did mean adventure but I know exactly what you mean.

Thank you.

rachie29

Thanks mate, this is certinlay a 'problem' which I had never considered would be a 'problem'. I'm still unsure as to how much of a 'problem' it really is though...

Have you tried posting your issue on any sites relating to dogs, such as a breed specific site or Kennel club or such like? They may be aware of the issues surrounding the covenant and be able to give you some advice.

GJUK_2

ILW wrote: »

Maybe the old lady next door moved into the house because of the covenent. Seems a bit unfair if that is the case.

Maybe she did, highly unlikely but possible.

Things have moved on from the 30's, this was a time where most didnt have cars!

I'm very considerate to everyone around me, I don't listen to loud music, throw a party each night stretching in to the morning and don't deal drugs from my front garden.

At 25 years of age I think I'm quite mature and understanding and would hate to put others out for the sake of myself.

But, saying this. Although I'd want to get on with my neighbours It might not be possible to do this all of the time. So regardless of the noise (which will be small)and the smell (which will be limited). I want to make sure that they can not 'touch me' through this 'stupid' clause which I'd have to continue upholding if I buy this perfect home for me and my 'smelly and noisey' dogs

jockosjungle

When were the houses next door last sold, it might have been years ago and nobody remembers about the dog clause. However if they've been sold recently their solicitors may have brought the clause to their attention and they'll be aware of it. To be fair you aren't talking about three dogs but many many dogs so the issue is whether neighbours will complain and have the legal will to do something about it.

You mention an indemnity policy in your original post, don't think one is appropriate in this case. They're generally for things like your house falling into a mineshaft or costs in case the council complain about something the old owners has done. They're not generally for things you are willingly and knowingly doing yourself on purpose

R

GJUK_2

jockosjungle wrote: »

When were the houses next door last sold, it might have been years ago and nobody remembers about the dog clause. However if they've been sold recently their solicitors may have brought the clause to their attention and they'll be aware of it. To be fair you aren't talking about three dogs but many many dogs so the issue is whether neighbours will complain and have the legal will to do something about it.

Normally it would be 4-5 dogs + puppies. So nothing unresonable I don't think. I had 12 here at one point in the past but that was too much!!!

You mention an indemnity policy in your original post, don't think one is appropriate in this case. They're generally for things like your house falling into a mineshaft or costs in case the council complain about something the old owners has done. They're not generally for things you are willingly and knowingly doing yourself on purpose

R

I sort of thought of this after I posted the question. I just hope that this covenant is nil and void for whatever reason... "come on solicitor do your magic."

carefullycautious

Even if you approached the neighbours about how they would feel about your plans, things can change overnight if they were to move.

So you would need to make sure you get this sorted to your satisfaction. It only takes one person to complain/seek legal action against you and the clause will raise its ugly head.

PasturesNew

GDB2222 wrote: »

whether you call it an 'adventure' or not

You've not seen her videos

GJUK_2

carefullycautious wrote: »

Even if you approached the neighbours about how they would feel about your plans, things can change overnight if they were to move.

So you would need to make sure you get this sorted to your satisfaction. It only takes one person to complain/seek legal action against you and the clause will raise its ugly head.

Exactly. Still no news on if this will apply to me or not, the solicitor feels that there might be a loophole, but has yet to confirm.