covenants... help

george_g_3

We are in the process of buying our first house. its an ex council house, bought by the current owners some time ago. something that wasnt mentioned earlier is a covenant for the upkeep of the road. the road is not private, but still has coincil houses on. the ammount of the covenant has not been mentioned yet and will play a major factor of buying the house or not. however, having read some things on the net about covenants i am wholely confused.

do we (as new owners) have anything to do with it or indeed need to pay for it? is it with the convenantor (council) and the current owners only? OR is the covenant with the house ( and all subsequent owners) and is payable by us if we were to buy the house?

as far as i know its a positive covenant, paying more for the upkeep of the road with flowers. ( but shouldn't council tax cover that). and to add, there are no flowers on the road...

please help if you can.

holly_hobby

A covenant is part of the property deeds, the council have placed the covenant when the property was initially sold and purchased via RTB scheme.

The terms of the covenant are the obligation of the property owner.

A covenant may be appealled - but this is usually on older/restrictive covenants especially where there is no determination as to whom benefits from the covenant, who placed it and/or its purpose.

In your case IMHO there is clear determination, cause and benefit - ie. we know the council have placed it when drawing the deeds for sale under RTB, it benefits the property in question (and others which if also sold under RTB will no doubt have the same covenant), and it details what the benefits are i.e maintenance, upkeep & presentation of the road upon which the properties lie (which as you say are of mixed stock i.e combined private ownership ( under RTB) and social housing (i.e still owned by the council/housing association occupied by tenants).

You could speak to your Sol to see if they believe an appeal to the Lands Tribunal would be effective, otherwise if you like the house, accepting the covenant is part of the deal I am afraid.

Hope this helps explain ..

Holly