Restrictive covenant - want to build a house in my garden!

ellives

!!!!!!! Having prepared myself mentally to begin to fight the good fight and attempt to gain planning permission to build a house in my garden, I've discovered that I have a restrictive covenant (RC) stemming from when the land was sold and the original house was built in 1953.

I have the original covenance documents and the RC is detailed in what they describe as the First Schedule. The key concern is the restriction which limits it to not more than one detached dwelling house.

I was wondering if anyone had experience in this area? I'd like to know:

- does the RC ALWAYS run with the land?
- who are the beneficiaries of the covenant?
(I'm guessing that somewhere in this document it'll be evident, but it is so full of legalise I can't see it....although in other sections the document refers to the Vendor of his successors).
- who will know about this - are copies of the deed documents kept somewhere (I'm assuming so)?
- is it commonplace and something developers overcome often? If so, how?

Any other advise - thanks, in advance.

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UPDATE:

The original conveyance document, dated June 1953, refers toa XXXXXXX as the Vendor and I think that he was a neighbour when he soldthe plot of land. He placed other RC too referring to the futurehouse build design etc. Here, the term Vendor or his successor is used.

FYI, I can see that the RC runs with the land as it isdetailed in the charge register when the title was registered with the LandRegistry in March 2012.

I have all the original paperwork to hand since the originalsale of the land in 1953; there have been three sales since then, includingmine (1972; 1976; 2012).

I am off to see a solicitor tomorrow so will feedback if I glean anything then.

My key thought is if I have to attempt to appeal to the Vendor or his successor (as the beneficiaries of the RC) how the heck do I discover where he is 60 years later?

lavalamp

I don't really know the answer to your question, but we have a RC on our off street parking layby. We can't park caravans or large vehicles there as it affects the neighbouring property. Maybe your RC was put in because of neighbours and was a condition of the original build....?

bigadaj

Interesting definition of fighting the good fight, it's normally termed garden grabbing isn't it?

There aren't necessarily any benfificaries of a covens at which means that it may well not be enforced. That's a risk though and it can normally be enforced by a one with an interst, so for example if your neighbours complain then that could be a reason to block the permission.

You probably need to speak to and pay a solicitor for advice, and get a old documentation together and whatever is available at the land registry. Exact details should be in the document as they can be for a limited time or in perpetuity.

AnnieO1234

Would the development affect neighbours in anyway? If yes, there's a chance they'll be able to enforce the covenant.

Modern developments are often restricted to number of dwellings, however I am not certain how this would work with granny annexes (I don't know what you're proposing obviously) but that may be a way around it.

You definately need legal assistance here because while you may get indemnity insurance there is the potential that any building work could be forced to be knocked down in the future, yes the insurance will cover to but your potential buyers might be totally put off.

Also some local councils are very negative about garden grabbing so please don't spend loads on this until you have ascertained the viability of the project.

X

ellives

Hi

Thanks for your response, some comments below in my search to understand more....

bigadaj wrote: »

Interesting definition of fighting the good fight, it's normally termed garden grabbing isn't it?

...depends which side of the garden fence you are on I suppose, but I get your point?

There aren't necessarily any benfificaries of a covens at which means that it may well not be enforced. That's a risk though and it can normally be enforced by a one with an interst, so for example if your neighbours complain then that could be a reason to block the permission.

...as it is 60 years ago and assuming (at this stage) that the neighbours are different, how would they know to complain?

You probably need to speak to and pay a solicitor for advice, and get a old documentation together and whatever is available at the land registry. Exact details should be in the document as they can be for a limited time or in perpetuity.

...good advice and I have done just that? 1pm tomorrow with documents in hand!

ellives

Thanks for responding....

AnnieO1234 wrote: »

Would the development affect neighbours in anyway? If yes, there's a chance they'll be able to enforce the covenant.

...presumably, they'll feel that it may do - most people would I think? FYI, my plan is chalet bungalow; I am told that it would likely be a fairly uncontroversial application for PP?

Modern developments are often restricted to number of dwellings, however I am not certain how this would work with granny annexes (I don't know what you're proposing obviously) but that may be a way around it.

You definately need legal assistance here because while you may get indemnity insurance there is the potential that any building work could be forced to be knocked down in the future, yes the insurance will cover to but your potential buyers might be totally put off.

Also some local councils are very negative about garden grabbing so please don't spend loads on this until you have ascertained the viability of the project.

X

moneyistooshorttomention

Snookered! That is the word that comes to mind here.

There's bound to be someone who has an inkling about this covenant and, if they are opposed, (ie because they have something to lose, eg they would be seeing building instead of garden nearby on the one hand OR they dislike you on the other hand) they will soon let it be known that you are trying to break the covenant.

Recipe for a bad migraine to try and buck this.

Other thought is....didn't you realise at the time you bought the house that there is this covenant on? I recently bought one and knew from the outset that there is such a covenant here and just thought "Good...that will stop any neighbours in their tracks if they start getting development plans in mind", so it suits me to have that there. But I definitely did get told before I got the place.

moneyistooshorttomention

Re the thought about how would the neighbours know to complain? Could be they have similar covenants on the one hand. Could be that previous owners of their houses had a social conscience and made sure new owners were told just in case of someone like OP coming along in the future...

ellives

moneyistooshorttomention wrote: »

Snookered! That is the word that comes to mind here.

There's bound to be someone who has an inkling about this covenant and, if they are opposed, (ie because they have something to lose, eg they would be seeing building instead of garden nearby on the one hand OR they dislike you on the other hand) they will soon let it be known that you are trying to break the covenant.

Recipe for a bad migraine to try and buck this.

Other thought is....didn't you realise at the time you bought the house that there is this covenant on? I recently bought one and knew from the outset that there is such a covenant here and just thought "Good...that will stop any neighbours in their tracks if they start getting development plans in mind", so it suits me to have that there. But I definitely did get told before I got the place.

To be quite honest, it is the first house that feels like a home, and due to financial circumstances, I saw this as a way of staying put, with a happy family......It wasn't on my mind when I bought it tbh, but, I'm guessing that it wasn't spelt out to me sufficiently at the time and so it never registered - but that's my fault?

ellives

moneyistooshorttomention wrote: »

Re the thought about how would the neighbours know to complain? Could be they have similar covenants on the one hand. Could be that previous owners of their houses had a social conscience and made sure new owners were told just in case of someone like OP coming along in the future...

...yes I've had similar thoughts too. I will see what the solicitor says and take it from there...

lincroft1710

ellives wrote: »

I can see that the RC runs with the land

My key thought is if I have to attempt to appeal to the Vendor or his successor (as the beneficiaries of the RC) how do I discover where he is?

Does successor mean successor as in descendant or more likely, successor as in the subsequent owner of the house to which the land your now stands on, originally belonged?

FYI, the RC in itself is not a barrier to obtaining planning permission.