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Enforcement of restrictive convenants
JingleJangle
Posts: 80 Forumite
We are in the process of buying an old house in Devon. We are currently in a new modern apartment in Bristol so a big change for us. A convenant dating back to around 1880 is in place that states the land can only be used for one private dwelling. About 30 years ago a large part of the front garden was sold off and a house erected there. My solicitor is asking for indemnity insurance from the vendors as the additional house clearly breaches the covenant about one dwelling. I am a little intrigued and confused as to what this insurance is protecting me against, and who? Could the new house be torn down (not sure the old couple that live there would be happy)? Could my house be torn down? Who would enforce it? Does the covenenat apply to the original plot of land, regardless of future subdivision? Could this be a legal headache? I have spoken briefly to my solicitor but she has been a little vague, is this a fairly standard issue with old houses?
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Comments
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Interesting. Doesn't sound enforceable, but I am no solicitor. We have a similar covenant on a house we are trying to buy - will keep an eye on this.0
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