Restrictive covenant on auction property

HARSA

Thought I will start a new thread instead of continuing my other thread on planning permission on an auction property I am interested in.The legal pack has been released and basically there is a charge on the land relating to restrictive covenants.The previous owner (last sold in July 2013) of the property on the left sold part of their land in 1967 to the then owner of the auctioning property. On condition that only a single bungalow can be built on the land and that no other dwelling is too built on the land. Also that the garage which is on the property had to be built on the left hand side (which is exactly where the garage was built)There is also condition that any plans to develop the land in future has to seek the approval of the land owner. Also within reason of the landowner their air and light should not be blocked.The question I have is can this be challenged and over rule to ;a) Turn the Bungalow into a 4 bedroom bungalow without the approval of next door.b) Still turn it into a bungalow and increase the roof height for a one or two bed room conversionc) Demolish the Bungalow and build a 4 bed two storey house right at the end of the land away from the next doors house. Meaning no block of air or light.I am very interested in buying the property but only if I can do preferable point “C” or point “B” or “A” in that order.Should I just forgot about buying this property or seek the advice of a legal/planning permission firm?Once again thanks in advance

Doozergirl

The covenant has no effect on what you can get planning permission for. They are two totally separate things. The council couldn't care less what the deeds say, they are only interested in whether it meets planning criteria. You can get planning permission for a tower block if te council think it meets with policy (it won't, but i'm just trying to demonstrate the point!).

If you are planning to buy this property, then you need a solicitor to go through the legal pack for you; that goes without saying!

You'll need to establish whether the covenant stays with the previous owners of next door, or if it's somehow passed to the new owners. I think, in the main, they stay with the original owners.

There are indemntiy policies you can purchase which will protect you in the event that the covenant owner rears their head, but you need to establish the liklihood first as I think there's a certain period before which the policy covers you.

You definitely need a solicitor. Got one?

HARSA

Doozergirl wrote: »

The covenant has no effect on what you can get planning permission for. They are two totally separate things. The council couldn't care less what the deeds say, they are only interested in whether it meets planning criteria. You can get planning permission for a tower block if te council think it meets with policy (it won't, but i'm just trying to demonstrate the point!).

If you are planning to buy this property, then you need a solicitor to go through the legal pack for you; that goes without saying!

You'll need to establish whether the covenant stays with the previous owners of next door, or if it's somehow passed to the new owners. I think, in the main, they stay with the original owners.

There are indemntiy policies you can purchase which will protect you in the event that the covenant owner rears their head, but you need to establish the liklihood first as I think there's a certain period before which the policy covers you.

You definitely need a solicitor. Got one?

Thanks DG . I have spoken to a solicitor but yet toaappoint him. Will do some once my survey has been done and found no major fault

I have already paid £500 for the survey so don't want to spend any more money until the survey comes back.

In your opinion will you still buy this Property? I am worried that next doorcan object to even an extension as any extension will run along theside of their pro perty. Considering that they commanded the garage was built on the other side of the property.

tom9980

It may be worth spending a few quid on next doors deeds if they are registered with the Land registry and see what they tell you.

http://www.landregistry.gov.uk/public/online-services

HARSA

tom9980 wrote: »

It may be worth spending a few quid on next doors deeds if they are registered with the Land registry and see what they tell you.

http://www.landregistry.gov.uk/public/online-services

Good idea but what will that tell me that I already don't know about the restrictive covenant on theau ction property?

Doozergirl

HARSA wrote: »

Thanks DG . I have spoken to a solicitor but yet toaappoint him. Will do some once my survey has been done and found no major fault

I have already paid £500 for the survey so don't want to spend any more money until the survey comes back.

In your opinion will you still buy this Property? I am worried that next doorcan object to even an extension as any extension will run along theside of their pro perty. Considering that they commanded the garage was built on the other side of the property.

That's why you need the solicitor, honey. Is the auction pack online? If so, I'll read it and give you an opinion.

If you can work your way around this one, it may be a good thing - it may put some people off. In my own experience, I've never foud something that can't be dealt with. Hurdles are there to be jumped

When is your survey being carried out?

HARSA

Doozergirl wrote: »

That's why you need the solicitor, honey. Is the auction pack online? If so, I'll read it and give you an opinion.

If you can work your way around this one, it may be a good thing - it may put some people off. In my own experience, I've never foud something that can't be dealt with. Hurdles are there to be jumped

When is your survey being carried out?

Yes it is online. Can you please readit for me aand let me know your thoughts. Survey is next week and I will definitely get the solicitorif eeverything is fine with thesur vey
Thanks

antrobus

HARSA wrote: »

...The question I have is can this be challenged and over rule to ;....

If there is a restrictive covenant then (as far as I'm aware) there are only two ways of removing them. Either by agreement with the 'beneficiaries' of the covenant or by taking the case to the Lands Tribunal. Both options generally involve a certain amount of expenditure, and both options have failure as a potential outcome.

G_M

HARSA wrote: »

....The question I have is can this be challenged and over rule to ;a) Turn the Bungalow into a 4 bedroom bungalow without the approval of next door.
No. You will be bound by the covenant and the neighbour can enforce it. An indemnity policy will not help.

b) Still turn it into a bungalow and increase the roof height for a one or two bed room conversion
If the increased roof height interferes with light/air,you risk breaching the covenant
c) Demolish the Bungalow and build a 4 bed two storey house right at the end of the land away from the next doors house.
Errrr.... does the covenant not say " only a single bungalow can be built on the land and that no other dwelling is too built on the land" What part of that needs a solicitor to explain!??
Meaning no block of air or light.I am very interested in buying the property but only if I can do preferable point “C” or point “B” or “A” in that order.Should I just forgot about buying this property or seek the advice of a legal/planning permission firm?Once again thanks in advance

This is nothing to do with Planning Permission which you will also require.

HARSA

So this can only remain as a result wo bedroom bungalow unless the current owner of thenext door property agrees to my request.

If agreement is reach then there is another hurdle of getting a planning permission.

Me things I should contact the Surveyor and cancel. Or is it worth going tosee the next door neighbour and ask

I want this to be my main family home and it is my wife three kids and myself. So no way all 5 can. Squeeze into a 2 bed. Bungalow

Doozergirl

I don't think it's that cut and dry.

The covenant does say that it is to protect the land and house next door, but it does not state that the purpose is to run with the land. It appears to cover the first buyer and their successors, but only covenants with the vendors, it doesn't mention their successors.

I would download the neighbour's title register to see if it is mentioned and what the wording is on their side. Is this the couple that will resist a planning application? They may not be aware of it. If they are, they may have to prove that the intention was to protect them. They also have to show that the build affects the land, it can't just be for their own personal satisfaction.

You can see that it was only the land being sold, not the house on it and the buyer subsequently built the bungalow. It was for the original vendors to have control over what was built - which is fair.

If your only intention is to build a two storey house, then you need to be very careful. I would ask a decent solicitor for professional advice before the survey, personally. Good advice is important as this is the sort of thing that will bite your bottom if you cut corners.

There is, however, no mention of the number of bedrooms you can build. I'm not sure where you're picking up that it can only have one or two beds? I think that you could build the size of property you want without breaching the covenant anyway. Again, solicitor needed as this covenant talks of the vendors approving the design and we need to establish whether this passes to the current owners (hmm....) or if the original owners if they are still knocking about!


I think the legals are more important than the survey. The condition of the property is neither here nor there if you buy with cash or get a self build mortgage as we're going on the plot, not the house. A regular mortgage isn't going to allow you to demolish and rebuild, nor will it advance you further funds as you expand the existing property.