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Covenants

We have sold our house and just working through legal documents. We have been asked if we have breached our covenants. When we bought our house it had a gravel driveway with dropped kerb, shed and conservatory in the garden which is against the Covenants. Since moving in we have block paved the driveway and replaced the existing shed with a smaller nicer one and built an arbour. We guessed as things were already done they would be fine. Has anyone else had issues like this or have any advice?

Comments

  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Just answer honestly. Something like "X, Y and Z may be breaking covenants that are still in place but we have never had any complaints or contact from the beneficiary of these covenants."
    Changing the world, one sarcastic comment at a time.
  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    Lots of houses have covenants that apply to them. I once owned a house that forbad me from running a business from the house that was connected with the dairy industry.

    The important thing is whether the beneficiary is still in existence and objects. Stator's reply is appropriate. Without knowing the exact nature of the covenant it is difficult to say. If the beneficiary is alive or is a corporate body that still exists it is more of a concern.

    It may be possible to get insurance against being sued for breaching the covenant.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • It's an ex council house so the beneficiary is still around. It was first written in 1999.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    What do the covenants say?
  • Chanes
    Chanes Posts: 882 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    We live in a close with Covenants against lots of things that are clearly being broken and nobody cares, we all have to live here and if it isn't a horror why would you upset a neighbour with legal action? I'm sure someone will have a horror story though!
  • Hoploz
    Hoploz Posts: 3,888 Forumite
    I had to buy an indemnity policy as our house had a covenant saying no alterations without permission of the (1958) developer. I did know about the covenant at the time of the extension but decided it would never be enforced ... Just another pointless piece of paper to be pushed around, but it kept things moving on the sale to buy it.
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