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title deed question!

Hi

I'm in the process of buying a house and downloaded the title deeds for the property via the land registry website. Reading through the document I've come across a section called 'Schedule of Restrictive Covenants' referring to 'The Fourth Schedule' which states the following :

'Not to develop the land hereby transferred except in a manner which accords with the planning brief issued by the Local Planning Authority in respect thereof and with the outline planning permission granted on 1st Aug 85' under reference 84/0646 (subject to such minor variaitons as may be agreed between the tranferor and the Transferee such convenant to bind the transferrs successors in title to the property for the benefit of each and every part of the land comprised in the conveyance as remains vested in the transferor at the date hereof'

Right, so what does this all mean???????????????

Any legal eagles out there that could put this in layman's terms - please

(i know this is something that will come out when the contra:o ct for the purchase is drawn up by our conveyancer - but really would like someone to help now).

thanks in advance

Comments

  • chivers1977
    chivers1977 Posts: 1,499 Forumite
    I think that it means that you can't extend/develop the [roperty other than as is stated in the 1985 planning app and that this covenant applies to every owner of the property.
    There are times when parenthood seems nothing but feeding the mouth that bites you Peter De Vries
    Debt free by 40 (27/11/2016)
  • matto
    matto Posts: 650 Forumite
    Will you be intending to build an extension or possibly a conservatory?
  • STAR_BUCK
    STAR_BUCK Posts: 357 Forumite
    Will you be intending to build an extension or possibly a conservatory?

    yes we would. But I did a google search and there was a referral to houses built on a new estate where restrictive covenants are placed to stop the landscape etc being changed. The house we are buying is in a new estate and as got a hedge and a patch of grass in the front garden which is really part of the pavement. I think it may mean we can't do anything to that bit ( which is fine by us although I will be getting the conveyancer to check this out for us).

    I really hope it doesn't mean we can't extend. The neighbours all around us have extended their houses.
  • silvercar
    silvercar Posts: 49,994 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    my deeds had restrictive covenants galore, dating back to 1937. My solicitor said they would not be enforcable since the transferor (or is it ee) would need to show loss being caused by breaking them. All well and good when a developer is building a site and doesn't want you putting extensions on or messing with the building line while he owns part of the estate, but not valid when they no longer have an interest.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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