Buying a house with Restrictive Covenant on it.

Surrey_EA

muditmalhotra wrote: »

Good Point, as I asked, how much effort is expected from my side while searching for them, as clearly they are not on their previous address, should I search for them or its their responsibility to have mail redirects etc ?

Do you mean now, during the purchase, or in the future should you wish to do further extensions?

At the moment I wouldn't make any attempt to get in touch.

As for future extensions, there is an argument that if the property was extended five years ago and the original builders have made no attempt to enforce the covenant then they would have a pretty hard time making any sort of claim now or in the future. But, as ever, speak to your solicitor to find out their thoughts.

Muds1

Surrey_EA wrote: »

Do you mean now, during the purchase, or in the future should you wish to do further extensions?

At the moment I wouldn't make any attempt to get in touch.

No, in future, as I am too keen to have a conservatory..

societys_child

Don't contact the builders (they're probably not remotely interested now) I'd buy the house, build the conservatory and get on with my life.

Hoploz

Just get the indemnity and forget about it

If when you come to sell you need to update the indemnity then do so. It will only be a couple of hundred pounds for peace of mind.

It would cost you at least this amount in legal fees to get the covenant removed ... If you manage to trace the beneficiary ... And if they agree to it.

Muds1

I am a lil worried about how the neighbours are, if they are good then I don't think there is any problem but if they are not friendly, then they might try to enforce this covenant

societys_child

Do any of the neighbouring properties have extensions or other added extras?


As said earlier, many, many properties have similar covenants, which have been long since forgotten about. Might give an idea as to whether anyone is bothered.

Surrey_EA

muditmalhotra wrote: »

I am a lil worried about how the neighbours are, if they are good then I don't think there is any problem but if they are not friendly, then they might try to enforce this covenant

If I've understood the wording correctly, the neighbours do not have the benefit of the covenant, and therefore do not have the ability to enforce it. I really wouldn't be worrying if I were in your position.

Muds1

Surrey_EA wrote: »

If I've understood the wording correctly, the neighbours do not have the benefit of the covenant, and therefore do not have the ability to enforce it. I really wouldn't be worrying if I were in your position.

That is correct, neighbours cant enforce it... but they can raise it with original vendors... but that is highly unlikely i guess

Muds1

societys_child wrote: »

Do any of the neighbouring properties have extensions or other added extras?


As said earlier, many, many properties have similar covenants, which have been long since forgotten about. Might give an idea as to whether anyone is bothered.

next door has a conservatory but that property doesn't has and extension

bclark

I really wouldn't worry about it. We bought a new build a couple of years ago from Redrow and they gave us the list of usual covenants but on the sheet they actually had a statement at the top stating that there is legal debate whether they can actually enforce them so please try and sort any issues out amongst yourselves first.

We added a conservatory and just to avoid any issues we contacted them for permission. We had to pay £150 for a letter to say they are fine with it but they didn't really care, they just wanted their cash.