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Property Restricted Covenants - Advice
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Not entirely sure what you mean by the transfer of part ? I know the house is freehold.
EDIT --- It does say "Transfer Of Part - imposing restrictive covenants" at the start of the first page ?
Andy
Transfer of part is as posted, carving off parts of the original one price of land into many, one of which is the freehold of your home.
As you have located when reading the document the restrictive covenants, those that you identified earlier as to new structures, have been duplicated in all the "parts" ie all the new homes on the estate.Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn0 -
Blimey are Beazer Homes still going? I remember their league...0
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I think you're making a rod for your own back. Many, many properties have restrictive covenants which no one enforces.
I certainly wouldn't have contacted Persimmon.
Edit: The covenant won't affect PP, the planners won't be interested in covenants.0 -
We have had the same thing come back from our solicitors, I have reread the clause over and over again and it states that permission would only need to be sought within 5 years of the transfer (which was Oct 97), do you think we wil also have an issue having not gained permission?0
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an issue having not gained permission, for what?
and Oct '97 was erm . . . 15 years ago:)0 -
societys_child wrote: »I think you're making a rod for your own back. Many, many properties have restrictive covenants which no one enforces.
I certainly wouldn't have contacted Persimmon.
Edit: The covenant won't affect PP, the planners won't be interested in covenants.
And many other properties have restrictive covenants that are enforced.
Nobody can know the ins and outs of a particular estate unless they
a) Read the covenants that pertain to that estate, and get someone who understands them to cast an eye over them.
b) Understand how those covenants are applied locally by those who have a right to enforce them.
Where I live the ultimate sanction is an injunction to stop your build, so its defintely worth finding out before making an expensive mistake, though I do think a few hundred quid for a shed (per the OP) is pretty punative.Please stay safe in the sun and learn the A-E of melanoma: A = asymmetry, B = irregular borders, C= different colours, D= diameter, larger than 6mm, E = evolving, is your mole changing? Most moles are not cancerous, any doubts, please check next time you visit your GP.
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According to the op there are buildings/ conservatories etc all over the estate. Doesn't appear to have affected anyone, of course things could go wrong.
I've ignored many old covenants, nothing has ever turned round and bitten me so was just giving my opinion.
and yeah, a nice little earner for "allowing" a shed :cool:0
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