Restrictive covenant on auction property

HARSA

I will buy the land registryfor next door and will forward it to you.

Yes I do understand that any lender who lends on the bungalow will not allo. It to be knock down.

My intention is to either do up the bungalow as two bedroom for now. Then make an application to build at the back of the garden a four bed doubl. Storey on tthe basis that the bungalow is knock down after completion

If that is rejected by the council then put in an application to extend the bungalow as a single storey into a four bed bungalow

The reason why I thought the neighbour will object to extending is because any extension will be along the fence the separate the two properties. With them insisting that the garage is built on the other side I assume that this will stillbe tthe case.

Many thanks once again

Doozergirl

Build at the back? No, no. There is a building line, the planners will not like a deviation from that and, regardless of what you think at the moment, the best place to put a property to not affect someone elses light, privacy etc is right next to it!

You'll get to this bit if you buy it and employ professionals. They will help you avoid affecting what they call the neighbours 'amenity' because it is something already built into planning law.

There is no sense renovating anything that is either going to be extended or knocked down. That's a waste of money.

HARSA

Doozergirl wrote: »

Build at the back? No, no. There is a building line, the planners will not like a deviation from that, also, the best place to put a property to not affect someone elses light, privacy etc is right next to it!

You'll get to this bit if you buy it and employ professionals. They will help you avoid affecting what they call the neighbours 'amenity' because it is something already built into planning law. There is no sense renovating anything that is either going to be extended or knocked down. That's a waste of money.

Oh I see. The other hhouses on the street are not on the same line but if that is stillnot poss ible then I will be happy just to extend.
Do I buy tthe land registry title plan or the registry? Is it worth buyingttheprop erty on the right as well

Doozergirl

The register. The property on the other side is unaffected by covenants, so no.

HARSA

Looking at the sample title register it does say the purchaser and his successors in the title

The legal pack land registry only mentions the then vendor and the purchaser back then in 1967.

It made no reference to the successor s or either properties

HARSA

Title Number : SF404876This title is dealt with by Land Registry, Birkenhead Office.The following extract contains information taken from the register of the above titlenumber. A full copy of the register accompanies this document and you should read thatin order to be sure that these brief details are complete.Neither this extract nor the full copy is an 'Official Copy' of the register. Anofficial copy of the register is admissible in evidence in a court to the same extentas the original. A person is entitled to be indemnified by the registrar if he or shesuffers loss by reason of a mistake in an official copy.This extract shows information current on 13 NOV 2013 at 13:51:04 and so does not takeaccount of any application made after that time even if pending in the Land Registrywhen this extract was issued.REGISTER EXTRACTTitle Number : SF404876Address of Property : xx Church Lane, Fradley, Lichfield (WS13 8NN)Price Stated : Not AvailableRegistered Owner(s) : xxx and xxx ofMayfield, xx Church Lane, Fradley, Lichfield,Staffordshire WS13 8NN.Lender(s) : None1 of 2This is a copy of the register of the title number set out immediately below, showingthe entries in the register on 13 NOV 2013 at 13:51:04. This copy does not take accountof any application made after that time even if still pending in the Land Registry whenthis copy was issued.This copy is not an 'Official Copy' of the register. An official copy of the registeris admissible in evidence in a court to the same extent as the original. A person isentitled to be indemnified by the registrar if he or she suffers loss by reason of amistake in an official copy. If you want to obtain an official copy, the Land Registryweb site explains how to do this.A: Property RegisterThis register describes the land and estate comprised inthe title.STAFFORDSHIRE : LICHFIELD1 (20.01.1999) The Freehold land shown edged with red on the plan of theabove Title filed at the Registry and being 68 Church Lane, Fradley,Lichfield (WS13 8NN).2 (20.01.1999) A Conveyance of the land in this title and other landdated 8 May 1957 made between (1) Leslie James Loveday and KathleenDora Loveday (Vendors) and (2) Newitt Vaughan Chandler and Myra JeanneChandler (Purchasers) contains the following provision:-"IT is hereby agreed and declared that the Purchasers shall not beentitled to any right of light or air or other right which wouldrestrict or interfere with the free use for building or other purposeof the Vendors' adjoining or neighbouring land."B: Proprietorship RegisterThis register specifies the class of title andidentifies the owner. It contains any entries thataffect the right of disposal.Title absolute1 (20.01.1999) PROPRIETOR: xxx and xxxof Mayfield, xx Church Lane, Fradley, Lichfield, Staffordshire WS138NN.End of register

Doozergirl

That's a restrictive covenant on them. Same vendors as next door, different purchasers. This is a bit beyond me but I'm gathering from this that the Lovedays sold land for number 68 and put an RC on it. They sold land for number 70 ten years later putting an RC on for the benefit of number 68 BUT the lovedays (vendors in the RC) didn't own number 68 at the time.

Who owns the field behind? I'm making a guess that the land for both those houses is carved from a larger piece of land. I don't think it's the owners next door that have control.

Is there anyone around there that's been in the village long enough to remember the houses being built?

HARSA

Doozergirl wrote: »

That's a restrictive covenant on them. Same vendors as next door, different purchasers. This is a bit beyond me but I'm gathering from this that the Lovedays sold land for number 68 and put an RC on it. They sold land for number 70 ten years later putting an RC on for the benefit of number 68 BUT the lovedays (vendors in the RC) didn't own number 68 at the time.

Who owns the field behind? I'm making a guess that the land for both those houses is carved from a larger piece of land. I don't think it's the owners next door that have control.

Is there anyone around there that's been in the village long enough to remember the houses being built?

The field is just an open area / Park own by the parish council I guess.

I think the lovedays put the restrictionson both land to protect both bungalows.

Either way both properties can't build a taller building that blocks each other lights or air.

Doozergirl

Without consulting a solicitor to give you proper advice, nobody actually knows:
a) if the covenant is written correctly and subsequently enforceable
b) if there is anyone around who can actually enforce it
c) whether you can indemnify

I have a similar covenant on my plot - one house only, but we intend to build another. The evidence is that there is no one to enforce it and so we took out indemnity policies when we purchased. This is after our solicitor went through a load of nearby titles, made enquiries of the council and we did all the research that we could.

HARSA

Doozergirl wrote: »

Without consulting a solicitor to give you proper advice, nobody actually knows:
a) if the covenant is written correctly and subsequently enforceable
b) if there is anyone around who can actually enforce it
c) whether you can indemnify

I have a similar covenant on my plot - one house only, but we intend to build another. The evidence is that there is no one to enforce it and so we took out indemnity policies when we purchased. This is after our solicitor went through a load of nearby titles, made enquiries of the council and we did all the research that we could.

Thanks for all your help Dgirl.

I will now wait for the survey to come back. Officially appoint the solicitor. Hit the option and try and get the property.

I will keep you posted here.

Once again thanks very much