Serious breach of restrictive covenant - property purchase

Rollinghills

Thank you for a comprehensive answer, LLR.

I have checked the definitions and indeed it is clearly stated that the buyer covenants with the company (developer) and any other registered proprietor of any part of the estate. Furthermore the definition of 'buyer' and 'company' shall include successors in title where the context so admits.

The problem as I see it is that there are at least 5-7 other properties who are restricted by this covenant, ie they have double garages attached to the houses that could be converted. But they aren't.

I am worried that when neighbours see that we paid a higher price for this property and get jealous that their house isn't valued at a higher price. Yet they may be reluctant to breach the covenant, so they will end up hating us! Whether they would go as far as trying to enforce it is something else.

If it came to enforcing it, what are the chances we'd have to demolish it vs financial compensation? But if financial compensation then to whom? To all of the 20-30 owners? That wouldn't work.

Land_Registry

Rollinghills - we are really only involved in the registration of such matters rather than how they are enforced and any legal/financial implications I'm afraid so it really is your solicitor you need to rely on here.

You are really trying to second guess your neighbours and they (and their views) can change, as you mentioned.

So you probably need to start with how much do you want the house and does this issue impact on that. If it does for you then it may well do for the next owner as well so what you are going through could be repeated when you come to sell. Insuring can cover you against some things but the devil is in the detail

One additional thing to consider as well, having read other threads around similar issues, is that digging too deeply into the risks may make finding insurance an issue as by digging you may be increasing the risks of someone enforcing the covenant?

Penelopa.Pitstop

I have a question about restrictive covenants. If there was a few of them from 1932 should I worry about them?

Conditions are:
-no building closer than 9m (originaly given in ft) from the street
-no temporary structures on the plot.

It's a street with detached houses in different styles and of different age, not estate. I noticed that neighbours built garages just by the street. Should I assume that it would be possible to build similar garage to neighbours?

These restrictive covenants stopped me from buying property but I would like to know the answer for future, in case I manage to find house on the same street.

Slinky

Rollinghills wrote: »

I am worried that when neighbours see that we paid a higher price for this property and get jealous that their house isn't valued at a higher price. Yet they may be reluctant to breach the covenant, so they will end up hating us! Whether they would go as far as trying to enforce it is something else.

If it came to enforcing it, what are the chances we'd have to demolish it vs financial compensation? But if financial compensation then to whom? To all of the 20-30 owners? That wouldn't work.

Aren't you getting a bit overdramatic about this? We have houses down our street which have been extended, I'm not going to get 'jealous' about the sale price of a property down the road which has a different spec to my own, and I wouldn't expect the same of our neighbours.

Neighbours would have had the chance to object to the extension on this house when plans were put in. They either didn't object or their objections were overturned. They or the successors in their property have lived alongside yours for years. I doubt your extra bedroom keeps them awake at night!

If somebody else also decides to extend, I suggest you write a letter in support of their application!

Rollinghills

Slinky wrote: »

Aren't you getting a bit overdramatic about this? We have houses down our street which have been extended, I'm not going to get 'jealous' about the sale price of a property down the road

Yes, but most likely those extensions are done with no legal impediments. Nor do you have any impediments to extend - that is the difference to my situation. Small but potentially significant - question is how significant.

For now we are pursuing the indemnity policy. We have seen so many houses and I've only liked 2 and this is the only one my husband liked. So don't want to give up on it easily.

bettyblueeyes

Hello, I am a homeowner and my property has a restrictive covenant. The amenity company has delegated most rulings to a residents association, which is looking after the private estate I live in since 2006. Neither the amenity company, which in my case is connected to a school, nor the residents association have been able to clarify on which legal basis procedures are based and decisions are made. The residents association does exist since 40 years and is run by the same yearly selfelected comitee and has no constitution. Maintenance fees are collected monthly without any transparency where the funds are spent on. I have been notified of a breech of the covenants but it has not been explained to me why. I have been threatened with court procedures as well. I have been told by the residents association to mind my own business, to pay and not to ask questions. The amenity company has confirmed to me that they are satisfied with the RA actions towards any resident.
Warm regards
Anette Schwidrowski

stator

bettyblueeyes wrote: »

Hello, I am a homeowner and my property has a restrictive covenant. The amenity company has delegated most rulings to a residents association, which is looking after the private estate I live in since 2006. Neither the amenity company, which in my case is connected to a school, nor the residents association have been able to clarify on which legal basis procedures are based and decisions are made. The residents association does exist since 40 years and is run by the same yearly selfelected comitee and has no constitution. Maintenance fees are collected monthly without any transparency where the funds are spent on. I have been notified of a breech of the covenants but it has not been explained to me why. I have been threatened with court procedures as well. I have been told by the residents association to mind my own business, to pay and not to ask questions. The amenity company has confirmed to me that they are satisfied with the RA actions towards any resident.
Warm regards
Anette Schwidrowski

Which country are you in?

It sounds like you need a lawyer.