restrictive covenant - advice needed

Beenie

Our house was built in 1968. It was built on land (a quarter acre) originally owned by the Church of England, and at the time, the land adjoining (10 acres) was also owned by the church of England and was what was known as 'glebeland.' The church land was sold in 1995 to a private buyer, along with the rectory.

We bought in 1997 and, now that my husband has retired, we would like to erect a garden shed. However, on checking the deeds, it seems that there is a restrictive covenant as regards putting buildings on our land.

My questions are
(1) if the covenant was originally between the original owner and the church, are we bound by it?
(2) does a wooden shed constitute a building?

G_M

1) Depends on the wording of the covenant. But most will bind 'their successors in Title"
Check your Title documents

2) No. Though the precise size and nature of the shed might make a difference. At one extreme, a 6x5 garden shed from B&Q will be fine. At the other, a purpose built wooden bedroom complete with power, heat, insulation etc..........

Beenie

No, it's definitely going to be a garden shed. The plan is store lawn mower, ladders, spades, etc. in there. It might have to be bigger than 6x5 though. Does size matter?

stator

Generally sheds are considered "Outbuildings"

MisterB1959

if its just a small garden shed, then do it! then if you have to remove it because someone decides to enforce the covenant so be it!

bris

A garden shed isn't a building as per what the covenant means, it's to stop further development.