Sorry - Another Covenants thread!

Starjust

Hi all, we're getting close to exchange of contracts now and I've got the report from our solicitor on our purchase.
There are 6 covenants in total and the solicitor has commented that the restrictions are not unusual and that they won't affect marketability.
4 of them I'm not too bothered about, I'll keep the boundary clean and tidy and I have no intention of keeping pigeons, pigs or poultry (although rabbits was a suprise inclusion)

The 2 I'm more worried about completely lack any form of punctuation (not why I'm worried) and I'm finding it hard to decipher what they actually mean.
I'm sure it's standard stuff but I wonder if anyone might be able to translate into normal speak for me? :P

"Not to erect upon the Property any building or structure of any kind whatsoever additional to those constructed by the Transferor nor to alter or permit to be altered the external elevation or appearance of the Buildings (other than in accordance with any permitted future extension so as to comply with the present approved plans and drawings relating to the development of the Estate) and any outbuildings erected thereon in any way whatsoever without the consent in writing of the Transferor and in accordance with plans first approved by the Transferor for which the Transferee shall pay such fee as may be reasonably demanded for each such approval Provided that this restriction shall not prevent the erection or building of a greenhouse conservatory garden shed or garage to be used in connection with the Buildings as a private residence or the stationing of one private touring caravan behind the building line of the Property But so that such erection or building or such caravan is sited in such position and is of such design or character as shall first be approved in writing by the Transferor or its successors in title as aforesaid"

As I said, no punctuation at all and I didn't want to add my own incase it could give another interpretation.
I've read the above countless times and I think it's saying we need permission from the transferor - Second City (SW) ltd to build a conservatory?
(all we're really thinking about long term)

The second covenant I'm struggling with is nowhere near as wordy although still lacking in basic grammar (maybe the comma and full stop weren't invented until the mid 80's?)

"Not to erect any fence or wall or plant any hedge shrub or tree in or abutting the front garden of the Property nor on the sides thereof in front of the Buildings erected thereon in contravention of any planning conditions imposed by or other than in accordance with the requirements of any landscape planting scheme approved by the Local Planning Authority"

My take on this is that a fence, wall or hedge would be allowed if it was in accordance with local planning conditions (fences under 2m etc)
The property has a reasonably sized garden to the front and side, we were thinking of maybe putting hedging in at some point in the future.

House was built in 1983, transferor appears to be Second City (South West) ltd.
Any help with the above really would be appreciated!

krispy444

Hi first of all there is lack of punctuation because once you put in punctuation it can change the meaning or it can be interpreted in different ways.

The first covenant means that you cannot add to any building on the property nor alter the external appearance of the property without the written consent of the transferor. To get the consent of the transferor you will have to provide plans for their approval and they will charge you for this consent. They will not prevent you from constructing a conservatory garden shed etc but the transferor will want to approve the location and design before they are constructed and you will have to get their written consent for this. Please note this will be completely separate to any planning permission or building regulations you may have to obtain. Despite the transferor being the council it is two separate departments and they don't communicate to each other !!!

I take it the estate you are buying the property is open plan ie the developer didn't want things in front of the building line as the other covenant prevents you from putting a hedge or fence plants trees shrubs etc in the front or side garden that contravenes the original conditions on the original planning permission unless it is complying with any landscaping that has to be done ie to comply with the original planning permission.

Hope this helps

Starjust

It does thanks. Is the council always the transferor after a certain amount of time has lapsed?

And on the second point, should the same department be consulted on hedging or is that just an outright no?

Thanks for your help!

Oh and now I feel bad for criticising the grammar

Fire_Fox

No punctuation is normal for legalese, rabbits were considered a pest at one time, still are by some farmers. They were also routinely bred for meat or even fur, not a couple kept as pets.

Ask your solicitor about any legal matters that are unclear, that is what you are paying for!

olly300

Starjust wrote: »

It does thanks. Is the council always the transferor after a certain amount of time has lapsed?

Nope.

For example friends' of mine live on an estate which is a mixture of houses and flats.

The houses have to pay for the upkeep of their parking spaces and some of the communal gardening to a private company. This company is also the freeholder of the flats.

However in the area I live the council is now the freeholder or manager for some exclusive and not so exclusive private estates as ownership was gifted to the council.

So if the residents of one of those estates decide to do something, the council doesn't like it then the council tells them so and follows it up with court action if they refuse to obey.

Starjust wrote: »

And on the second point, should the same department be consulted on hedging or is that just an outright no?

In regards to hedging and fencing it may be an automatic no.

It really depends on:
1. Where you are on the road - houses on the corners of a road and their neighbours are often prevented from having high fences so have to have low fences or ugly wire fences for public safety,
2. How you ask them - if you and your immediate neighbours all want fencing and ask for it at the same time you may be granted it.

Starjust

Thanks everyone.
just finally, how can the current transferor be established? In this instance it was Second City (South West) ltd however after a bit of googling I can find nothing about them whatsoever.

It seems that if in the future I want a conservatory in the back garden and a hedge in the front garden I need to contact the transferor. No problem with that but to my mind, for something like a hedge, this should be do-able without needing legal advice as that advice will far outweigh the cost of the shrubs!