Enforcement of Restrictive Covenents

Land_Registry

purdita wrote: »

Hi
Is there any way of finding who now owns the covenant when the original holder went into liquidation several years ago?
We are buying a bungalow built in 1939 with a restrictive covenant preventing any development outside of the building line and no sheds etc.
Most of the houses on the street have been extended and we want to do the same and build a double garage in the front garden.
The Land Registry title still refers to the original developer but could the covenants have been sold on to someone else?
Thanks

Purdita - covenants are not sold on but run with the land in most cases. As such the benefit is probably now with each landowner with property which formed part of the original development. The company would only have the same benefit if they still owned land which had also been part of that same development.

princeofpounds

You may be able to buy a single premium indemnity policy which will cover you if the covenantee seeks damages against you.

No-one is going to be awarded damages for a hip-high hedge! At the very very very most there would be an injunction for removal.


If there are other enclosures in the area that haven't been challenged for a very long time, I'd get on with it as the likelihood is no-one will care at all.


It's not like it's a law or anything, so as long as you are prepared to remove it if necessary it's not a problem.


Do you suspect that it is going to cause particular offence if you do put it up?

purdita

Land_Registry_representative wrote: »

Purdita - covenants are not sold on but run with the land in most cases. As such the benefit is probably now with each landowner with property which formed part of the original development. The company would only have the same benefit if they still owned land which had also been part of that same development.

I've been informed that the covenants were bought up by someone who also purchased an undeveloped wooded area which would have formed part of the original land sold off in the 1930's. So I guess this means he still has a benefit. The local council fairly recently requested he cut back trees which were dangerously overhanging the road.
He complied with this so is obviously still around.
Would we be best advised to try to take out some kind of indemnity insurance?
I have been researching online and saw that a white paper was submitted several years ago suggesting that any covenants over 80 yrs old should be made obsolete. This would affect ours in 3 years time. Does anyone know if this was ever implemented?