Restrictive Covenants

Sarah-V

We are First Time Buyers and have just been and viewed a house that we are very interested in.

The fenced off part of the garden isn't that large, but there is another area, about the same size again, to the side of the house but the other side of the fence. There is just grass between the fence and the road and the vendor told us that we would be responsible for maintaining this.

What we are wondering is if we can move the fence, or use this to grow veg or similar?

I logged on to the land registry and downloaded the Title Register and Title Plan and it looks like we would own this land but that there might be some restrictive covenants in place.

I can't make head or tail of these and was wondering if anyone might be able to help?

A: Property Register
This register describes the land and estate comprised in the title.
LOCAL AREA
1 (DD MONTH 1984) The Freehold land shown edged with red on the plan of the above Title filed at the Registry and being ADDRESS LINE 1.
2 The land has the benefit of the rights granted by but is subject to the rights reserved by the Transfer dated DD MONTH 1985 referred to in the Charges Register.
3 The Transfer dated DD MONTH 1985 referred to in the Charges Register contains a provision as to boundary structures.

B: Proprietorship Register
This register specifies the class of title and
identifies the owner. It contains any entries that
affect the right of disposal.
Title absolute
1 (DD.MM.1991) PROPRIETOR: VENDORS NAMES of ADDRESS LINE 1

C: Charges Register
This register contains any charges and other matters
that affect the land.
1 A Transfer of the land in this title dated DD MONTH 1985 made between
(1) PROPERTY FIRM and (2) UNKNOWN PERSON 1 and UNKNOWN PERSON 2 contains restrictive covenants.
NOTE: Original filed.
2 (DD.MM.1991) REGISTERED CHARGE dated DD MONTH 1988 to secure the moneys including the further advances therein mentioned.
3 Proprietor: MORTGAGE FIRM (Co. Regn. No. XXXXXXX) of MORTGAGE FIRM ADDRESS.

da_rule

It looks like that this property may have resulted from a 'sale of part'.

The provisions are likely to do with access and what type of fencing you can use and/or who is responsible for erecting and maintaing any fencing.

If you contact the Land Registry you should be able to apply for a copy of the charges.

Sarah-V

Thank you very much for the reply.

I don't know why applying for a copy of the charges hadn't occurred to me! This is only the 3rd house we have viewed so I don't really know what I'm looking for.

I really appreciate your help.

da_rule

Or just ask the seller. Chances are they know what they are as they were probably investigated when they purchased the property.

Sarah-V

We did ask, but the lady vendor was a bit vague and implied that perhaps we couldn't chop down the large tree.

They seem to have been in the house for 20+ years, so I'm not sure she'd remember now if she' hasn't thought about it since.

I've been a bit confused by the land registry website so I think I'll give them a call on Monday and just ask how much I need to pay them to find out what we'd like to know.

jayship

I think restrictive covenants are negotiable and can be amended or removed with the agreement of the owners if the company still exist.


Speak to your solicitors if you have one. Legal cover with building insurance have telephone access to a solicitor. Ask a relative or a friend to check it out for you if they are covered.

PasturesNew

I wish restrictive covenants were included in the initial house details - it'd save people a lot of time/faffing about..... I'm expecting some to crop up with the house I've offered on .... and I guess mine will include land I have to maintain "as is" to protect the street scene. e.g. not being able to knock down the wall and park in the front and not being able to shove a garage into the garden from the rear.

Sarah-V

We don't have a solicitor yet, but depending on what the copy of charges say, we will look at talking to one.

Fortunately I work somewhere that has a general 'walk in clinic' from the legal team once a week, so I may be able to speak to one of them and save a bit of money.

Certainly it would be nice to know what they are up front. My OH has always wanted chickens but quite often keeping them seems to be prohibited in restrictive covenants.

Surely if it's that important, you should be told up front!

Land_Registry

For full details of the covenants, you could apply for an offical copy of the 1985 Transfer you refer to using form OC2.


When filling in the form give:

• details of the land or property you are interested in
• the title number (from the register)
• your own details into the applicant fields
• a description of the Deed

Please send the form with a cheque for £7 to our Wales office.