First time buyer - Covenants

ggpeg · 7 December 2013 at 6:29AM

I'm a first time buyer and since originally putting in an offer for a property it took over 2 months (nearly 3 months) before the solicitors sent me paperwork.
The paperwork (deeds) when received have now shown up several covenants which have all been breached by the seller.
My solicitor has now offered an II policy which the seller apparently will pay due to the breaches.
My main concerns are:-
Front garden
Conservatory
Lean too
Garden shed
The front garden is not lawned (as per the covenant) and has a hedge (and shrubs) in place with also extended drive to allow turning space. The covenants says it has to be lawned (grass) with no shrubs etc. No permission was sought from Vendor.
Permission of the Vendor has not been sought for the conservatory (building regs not breached), the lean-to or the Garden shed (other temp structures).
Now although an II will cover what costs for correcting if needed it still does not change future events and the reason i am buying the property & the way it is now.
The shed needs replacing, the Lean-to is of need of replacing also. Now if i replace them (as they are not repairable) i will breach the II as soon as i touch them. Is that correct?
Is there anyway around this so I don't have the future "what if" a descendant of the original vendor decides to say permission was not sought?
Its worrying me ill as i am now 3 months in and only in the past 3 weeks this came to light.
The seller's paperwork to their solicitor was ticked to say there was no restriction/covenants or breaches known of, yet within 5 minutes of me reading the paperwork i spotted them.
I have not signed any contracts yet (But obviously costs have already been involved) & I have not set a completion date as i need this all clarifying fully. Every time I ask the solicitor a question it takes 3-4 days to get a reply. Then they only reply with the minimal info which then usually throws other questions up.
Solicitors seem to just say II it, but it does not solve the issue.
I want to keep the drive & front garden the way it is. I wish to keep the conservatory, but replace (as not repairable) the lean-to with a small double glazed porch (pending on planning/building regs etc) and also replace the shed, as it is very old & falling apart.
Apparently the original Vendor is deceased, but it could be still enforced by his immediate descendants?
Is there such a was to remove them? Is there the option that i get my solicitor to contact the sellers solicitor to get them to trace remaining family that could enforce and get retrospective permission & future request that they are not interested in enforcing covenants on the property? But does that mean the II will also become immediately not available as contact has been sought?
Help - advise - someone - please.

Mr G (this is really exhausting me)