Restrictive covenant advice?

WishfulThinker23

Hello,

We are in the process of buying our first house and are hoping to exchange soon. The process has been delayed by a covenant in the title deed and the inefficiency of the vendor's solicitor.

The house is 3 years old and was built on land belonging to an ex-council house.

Our solicitor is concerned by the following wording from the land title deed, and claims there is no proof of covenant approval, but the vendor's solicitor thinks planning permission covers it. How do you guys read the following?

The purchasers shall not at any time erect construct or allow on the said land any other building or erection of any kind whatsoever except garden sheds or garages until specifications have been submitted to and approved by the council as Council (The purchasers paying a fee of £5 for every such approval)

At this point it seems like none of the solicitors acting for buyers and sellers of this land then house have picked this up. Is that likely?

Any help much appreciated guys, thanks!

G_M

Restrictive covenants and Planning consent are unrelated.

Indeed, I could apply for, and get, Planning Permission to build a house in my next door neighbour's garden. All that means is that the Planning Dept consents to the building of the house - it obviously does not mean the neighbour consents!

He would soon stop me if I tried.

Who is the other party to the covenant? ie who might enforce it?
Did that party agree, and if so, where is the written agreement? If not, why was the house built in contravention to the covenant?

WishfulThinker23

Thanks for your reply.

The local Council imposed the covenant, so I suppose they would be the ones to enforce it.

I find it hard to believe that the house would have been built without such consent, but is that naive of me? If it was, is it likely they would have noticed after 3 years?

G_M

WishfulThinker23 wrote: »

T

I find it hard to believe that the house would have been built without such consent, but is that naive of me?

In that case

a) it should not be hard for the seller to produce it (even if he has to ask the council for a copy)

b) you need not pursue this since you have inherant faith that the consent exists