Restrictive covenant

kerryowang

Hi Everyone,

i am new to this site and accidentally posted in the wrong place last night, so apologies if you are reading this for the second time!! We really hope someone could shed light on some of the wording contained in a covenant....

We are looking to build a house on some land which was part of a larger garden. The deeds have restrictive covenants dating from 1932 (below is an extract from it). We think the house was built as part of a building scheme as an estate name is mentioned (although the area is no longer called this and the area has changed a lot since the time of building) and building was over a long period of time...about 30 years or more. The original vendor is now dead and although his trustees modified some neighbouring properties covenants in the sixties, we don't know if they are still alive, it is unlikely. The thing we are interested in is the phrase "for the time being" when referring to neighbouring properties.

"The purchaser hereby covenants 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 the Carte Blanche estate (name changed!), that he the purchaser and his successors in title will observe and perform the stipulations specified in the second schedule hereto and that nothing shall ever be erected fixed place or allowed to remain or be done upon the land hereby assured or any part thereof in breach violation or infringement or contrary to the fair meaning of the said stipulations, but so that the obligations of the present covenant shall run with and bind the land with reference to which it is entered into and shall be personally binding upon the purchaser and his successors in title respectively only during the time of his or their sole or joint seisen or title to the land hereby assured"...the deeds then go on to list specific restrictions...

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? Can current neighbours take us to the land tribunal?

We really hope you can help us untangle the legal phrasing.
Thanks

justjohn

sounds like the covenant is passed on forevermore.

It either needs to be overturned or changed by force. You will need to see a lawyer. As far as i am led to believe it will be the original author/trustee of the covenant that has to sort this.

I often wonder with these thing if many get inforced as some are so old."for the time being" i would assume that means untill the trustees decide otherwise.

Deeds are nothing but a pain...Land registry in scotland is a pain to deal with.

are you in scotland or england??????

You should have been informed fully when you made your purchase of the land/house.

kerryowang

Thank you for that. We are in England....The land has come to us via our parents and we did know about the covenant, so there is no shock to us. We will see a solicitor in due course but we just wanted to get our heads around it all first and gather as much information as we can before we go in...better than paying them to find out for us!!

justjohn

land registry in scotland - will give you facts- but you have to ask direct questions. More or less yes or no answers. And will often shed light on meaning of deeds. Owners of Deeds that are linked by covenant/endorsements are not always informed/given new copies of deeds until the property is resold. Then the deed is updated or owner is informed.



English land registry may be the same try giving them a call. may save yourself a few quid.
If other deeds were changed in the 60's , it may even be you have an old copy if you are lucky. It may also be that since it has been changed on other deeds it is nul and void on yours.