Restrictive Covenant

emmbee123

Hi

Looking for some advice.
We are looking at a piece of land with a small building on it but it has a restrictive covenant saying that it is not permitted to build a dwelling. However the building on the site has been used as temporary acomodation for several years.

The deeds (from 1950s) state that the covenant is for successors too.

The current building is a state and in planning to replace it, we would look to the council to advise on the external finish to best enhance the area, the replacement building would be little larger in footprint but occupy the same area of the site.

My questions are:
a) as the building has been used as temporary accommodation for seasonal workers, has the covenant already been broken? And if so, if challenged could this be argued as established use of the land as a dwelling?

and

b) if not, how easy is it to get out of such a covenant?

and

c) if we are improving the appearance of the building can it still be reasonably claimed that our proposal would be to the detriment of our intended neighbour.

Thanks in advance.
Em

G_M

emmbee123 wrote: »

Hi


My questions are:
a) as the building has been used as temporary accommodation for seasonal workers, has the covenant already been broken?
Perhaps. though if it is seasonal useonly,perhapsnot
And if so, if challenged could this be argued as established use of the land as a dwelling?
N0

and

b) if not, how easy is it to get out of such a covenant?
It depends whether the beneficiary of the covenant is willing to reach agreement

and

c) if we are improving the appearance of the building can it still be reasonably claimed that our proposal would be to the detriment of our intended neighbour.
irrelevant

Thanks in advance.
Em

Who was the original covenant between? Does the other party still exist? If theowner ofaneighboring property, dothey still live there? If not, why are their successors in title?

In other words, is there someone who might wish to enforce the covenant? Who? Can you negotiate with them?

emmbee123

The original owners sold (freehold) a piece of land that was a part of their farm, the sale was subject to covenants. The land has changed hands several times since (both the farm and the land we are looking at)

G_M

So presumably the current owners of the farm are the successors in title.

They could
a) enforce the covenant if they so chose
b) agree to rescind the covenant (which should be done I believe viaa Deed)

Debt_Free_Chick

Need to check what the land is designated as. If agricultural, it may well have permission for a temporary dwelling for seasonal workers, but not permission for a permanent residential dwelling. You'll need to check with the local planning authority, usually the district/borough council.

G_M

Debt_Free_Chick wrote: »

Need to check what the land is designated as. If agricultural, it may well have permission for a temporary dwelling for seasonal workers, but not permission for a permanent residential dwelling. You'll need to check with the local planning authority, usually the district/borough council.

A good point, though this is of course totally seperate from the covenant issue.

tim123456789

emmbee123 wrote: »

Hi

Looking for some advice.
We are looking at a piece of land with a small building on it but it has a restrictive covenant saying that it is not permitted to build a dwelling. However the building on the site has been used as temporary acomodation for several years.

The deeds (from 1950s) state that the covenant is for successors too.

The current building is a state and in planning to replace it, we would look to the council to advise on the external finish to best enhance the area, the replacement building would be little larger in footprint but occupy the same area of the site.

My questions are:
a) as the building has been used as temporary accommodation for seasonal workers, has the covenant already been broken?

Covenants are not like PP and BR. You cannot establish legitimacy by showing that the breach has occurred for a certain period of time

They can be enforced, at any time in the future, regardless of what has heppened in between.

tim