Schedule of restrictive covenants

middlecat

Hello,

I am now reviewing the title of the property that I am buying.

It has the following restrictive covenants dated 1867:

(1) Each Purchaser is forthwith to erect and for ever to maintain the boundary fences on such sides of his lot as on the plan are marked and within the boundary.

(2) Nothing shall be erected within 15 ft of X Road or within 10 ft of any other road except fences and those not exceeding 6 ft high.

(3) No house shall be erected on any lot or lots the net first cost of which in materials and labour of construction only estimated at the lowest current prives shall be less than £150.

(4) No building shall be erected as a shop warehouse or factory nor any trade or manufacture be carried on nor any operative machinery be fixed or placed upon any lot.

Just in case anyone asks, I do have a conveyancer but am hoping to understand things properly by drawing from the collective wisdom of fellow MSEers! Also, I won't get to ask my conveyancer until tomorrow.

(1) Based on the plan in the title, I don't see Lots 156 to 196, neither do I see "such sides" marked anywhere on the plan. Any idea on how to get clarity on this?

Also, I am still unclear as to my responsibility of the boundaries. I know this is stated in the Property Information Form but the vendor said she just copied from their version when they bought the place. I am not convinced that she knows for sure.

(2) I don't really understand the significance of the distance from X road as the property is miles away from X road. Perhaps that statement applies to other lots closer to X road.

Nothing to be erected within 10 ft (3m) of any other road apart from fences and those not exceeding 6 ft (1.8m) high? Does that rule out any extension?

(3) I don't think one can really build a house for less than £150 in the current world - so this does not really apply.

(4) One cannot convert the house into a warehouse or factory but there is nothing stopping from a change of use to a office. Is that correct?

Any enlightenment shall be gratefully received.

Richard_Webster

See below:

(1) Based on the plan in the title, I don't see Lots 156 to 196, neither do I see "such sides" marked anywhere on the plan. Any idea on how to get clarity on this?

Much larger area of land sold in 1867. If the LR entries contain no note of the location of the plots it probably doesn't matter. Anyway, although called "restrictive covenants" an obligation to erect a fence is a positive covenant and only enforceable between the original parties to the deed.

Also, I am still unclear as to my responsibility of the boundaries. I know this is stated in the Property Information Form but the vendor said she just copied from their version when they bought the place. I am not convinced that she knows for sure.

Vendor may not know for sure but this is the situation for thousands and thousands of properties. By talking to the neighbours you may find that one of them will claim "ownership" or a particular fence - i.e. they or their predecessors erected it . That means you can't attach things to it etc and mustn't damage it. If they let is fall down then they have no general obligation to replace it.

(2) Nothing shall be erected within 15 ft of X Road or within 10 ft of any other road except fences and those not exceeding 6 ft high.

If X Road is a long way away then this doesn't affect you then, does it?

(3) No house shall be erected on any lot or lots the net first cost of which in materials and labour of construction only estimated at the lowest current prives shall be less than £150.

(3) I don't think one can really build a house for less than £150 in the current world - so this does not really apply.

Agreed.

(4) No building shall be erected as a shop warehouse or factory nor any trade or manufacture be carried on nor any operative machinery be fixed or placed upon any lot.

(4) One cannot convert the house into a warehouse or factory but there is nothing stopping from a change of use to a office. Is that correct?

Not completely clear cut, but I would tend to agree with that conclusion. Does not mean you don't need Planning Permission!

middlecat

Thank you, Richard!