Solicitor did not advise of restrictive covenant

Veryskint

Land_Registry_representative wrote: »

If the properties are part of a single development then invariably each plot (house) sale would comprise near identical covenants, easements etc within the first plot sale to the first private owner. Each registered title would then refer to that Transfer directly e.g. A Transfer dated x made between A Developer and B contains restrictive covenants.

Within such Transfers of plots on an open plan development you will often see covenants which restrict how the front of the properties can be altered etc.

You state that the covenants are however not registered on the title but that they are, presumably, registered on the neighbour's title. Is that correct?

If that is the case and the property was part of the same development is there any mention of a Transfer from the developer to a first private owner?

The answers may have some bearing on the way forward although ultimately it is legal advice that would be required.

I do not know if the covenant was registered at LR for the neighbour, it may be that she has a copy of it via her solicitor when she purchased (as did I).
Sorry, I may be a bit slow (its the heat!) but I don't understand the bit about transfer from the developer to the first private owner?
thanks

Veryskint

pimento wrote: »

Could your friend grow a hedge instead?

Ha ha no not really, the line is between two driveways so it is all concrete. The neighbour parks across the boundary line, and her teenage son has fights/parties all sorts, the fence would give my friend some privacy/security outside her front door. Before now the teenage son of the neighbour has had a fight that has resulted in both the kids bounding against my friends front door - this fence will put a stop to that sort of thing.

The neighbour doesn't want the fence put up as it will make it tighter to get in and out of her car, but that is as she is currently using my friend's driveway too. The driveways are long enough for two even possibly three cars, and there is ample parking outside, so this fence will not stop her parking on her drive, but will stop her overhanging my friend's drive.

Land_Registry

Veryskint wrote: »

I do not know if the covenant was registered at LR for the neighbour, it may be that she has a copy of it via her solicitor when she purchased (as did I).
Sorry, I may be a bit slow (its the heat!) but I don't understand the bit about transfer from the developer to the first private owner?
thanks

When the development is built the builder often have a generic Transfer drawn up which is then replicated on each plot/house sale.

As each plot/house is sold to the first private owner e.g. Mr & Mrs Smith the Transfer template is then used to complete the sale and registration with Land Registry. As that Transfer contains the important easements and covenants it will be noted on the registered title and a copy is usually available. That is how you and the neighbour are aware of the covenants.

Invariably the basic easements (rights) and restrictive covenants will be replicated in each Transfer so IF the neighbouring properties formed part of the same development then you would normally expect to see them subject to the same restrictive covenants. If no mention of such a Transfer appears on your friend's title then I would guess that they were not part of the same development or if they are part of the same development a mistake has been made when registering the title.

Variations can occur depending on the development but as with most developments the builder is likely to try and keep things simple as complicating matters can add to any overheads e.g. legal bills.

My reason for asking re the neighbour's property is that it might help to understand why (if that is the case) their property has such restrictive covenants whilst the other one does not.

As you mentioned originally both you and the neighbour have these covenants but your friend does not - understanding why that is and/or whether a mistake has occurred will help to decide a way forward.

Ultimately though legal advice is required as if the neighbour wishes to enforce any covenants and your friend does not oblige then it would be the courts who have the final say, if it went that far.