Restrictive covenants on house we want to buy...

chacha5520

We have found a house we love, just waiting for survey. The solicitor has sent through some legal papers which include information on some covenants on the house that remain from when it was built in 1963. The covenant owner is the original builder who still seem to exist as a company.

Amongst other things listed it prevents us from running a business on the premises and also says we cannot build on the land without permission of the covenant owner. We also can't keep animals other than pets and a few other things.

Are these covenants common place? We want to extend the house at some point and my partner will need to work at home as a freelance Web designer so these ones are particularly are problematic.

Any advice on where to go with this? Should we be worried?

Thanks in advance

shireknight

My house was built in the 80's and the covenants on it include these two

6. Not to affix or permit or suffer to be affixed external wires
supports radio or television broadcast reception apparatus to the
exterior of any dwellinghouse constructed or to be constructed within
the perpetuity period on the Property or any part thereof

7. Not to permit any trailer caravan or boat to be parked on any part
of the Property between any dwellinghouse erected thereon and any
adjoining or adjacent public highway."

I and quite a few people in the street now have satellite dishes and the guy opposite has a caravan parked right on the road at the bottom of his driveway so I guess yes in theory the covenants are enforceable but unless you do something to annoy your neighbours to the point where they want to kick up a stink about them I wouldn't worry.

In reference to running a business from home I think you'll find that will be things like a mechanic working on cars outside the house or something that generates lots of traffic in the street like running a van rental company, Freelance web designer is totally different because it's completely internal and doesn't effect the street/neighbours in any way.

marlot

Yes, these are very common, especially where the builder wants to gain a reputation for a certain 'look' for their developments.

The one I'm currently buying even includes a requirement that the front door and garage door remain the same colour for ever! As well as no aerials or satellite dishes which can be seen from the roadside, no signwritten vans overnight, no large vans overnight etc

The list of allowable occupations always seems to date from a bygone age (solicitor, accountant etc). I wish they would come up with a more generic set!

These covenants can only be enforced by the original builder, if they are still around, and if they can be bothered. As long as you're not annoying your neighbours I doubt there would be a problem.

specialboy

Im not allowed to make candles at my house

peter3hg

specialboy wrote: »

Im not allowed to make candles at my house

I have the same covenant. I'm also not allowed a religious meeting house for any religion other than the Church of England.

marlot

What happens if one breaches one of these covenants and the developer decides to enforce them. Do you simply get ordered to comply, or is there some form of financial penalty? Could you lose your house?

dinosaur7

Just a note of warning on the covenants. A post above says that they can only be enforced by the builder. Make sure that this is the case.

If the house is on an estate or 'scheme of development' and the same covenants apply to all of the houses on the estate and are restrictive in nature (which they appear to be) then all of the other houses on the estate take the benefit of the covenants. This means that anyone else on the estate could seek to enforce the covenants against you. They could do this by seeking an injunction to prevent you from doing something, not necessarily just damages.

Please do check into this thoroughly. Covenants are enforceable and it could cause you a lot of hassle if you just ignore them.

RichardD1970

The ex council houses around where I live all have covenants, placed by the council, preventing people from parking their cars etc on the front garden.

Lots of people do and have to apply to the council for a dropped curb to allow this. Go figure.

marlot

dinosaur7 wrote: »

Just a note of warning on the covenants.... If the house is on an estate or 'scheme of development' and the same covenants apply to all of the houses on the estate and are restrictive in nature (which they appear to be) then all of the other houses on the estate take the benefit of the covenants....

Just learned something new. Thank you.

Land_Registry

dinosaur7 is quite correct re the benefit of restrictive covenants as by their very nature they 'run with the land'.

This invariably means that when they were imposed by the builder they would have been for the benefit of all of the development as owned by the builder. As each plot is sold off that benefit goes with the land so an original development of 40 plots would potentially now have 40 properties and owners with the benefit of the RCs. The irony is that they are also all probably bound by the same RCs as well of course as the builder will often use a generic Transfer to complete each plot sale.

Your solicitor will be able to advise you on the possible scenarios involved and also how likely it is that anyone with the benefit of the RCs is likely to seek to enforce them.

The experiences of others are of course always useful but it is the weighing up of the risk in your specific set of circumstances which is the important aspect. No one plot owner is the same as any other of course and existing neighbours or nearby plot owners can of course sell and move on and therefore change.

Whether or not such RCs are ever enforced is of course not something of which Land Registry would be aware as enforcement is ultimately through the courts (if it goes that far). Your solicitor will have far more experience around whether these types of RCs, especially as relevant to a housing development, are likely to be enforced.

cloo

I've always got the impression that when these covenants say that no business is to be run from the property, it means it's not to be made into a shop or a place where lots of people will be in and out all day that might make the area not feel residential.

I don't imagine that they, for example, would prevent someone living there being a freelance web designer from the comfort of their own home or anything. But I may be wrong.