Garden use restrictions... Can I extend??

robH

Hi all, how would you interpret a restrictive covenant on a freehold, 2-bed, semi-detached bungalow, that said:
"The Purchaser will not use the garden ground on the purchased property for any purpose other than as a garden." .....?

I don't really have a clue what alternative uses this is alluding to. Any suggestions?
All I can think is that it might stop me from building an extension, which is quite a concern. This is despite both next-door neighbours (including the adjoining semi) having built extensions already (although I obviously don't know if they have the same restrictive covenants...)

Or perhaps it could be related to a ditch that formerly ran through the garden, and was filled-in. I'd guess that it might have caused the viable uses of the garden to be limited, at least until the new land settled, but probably wouldn't be an issue anymore. Do you think the covenant could be something to do with that?

I'm in the process of buying this bungalow, and if I'm not allowed to extend into the (rather large) garden, then I'd need to reconsider whether to reduce or withdraw my offer. Thanks in advance for your thoughts.

[Deleted User]

You are concentrating on 'other uses' I personally, in your situation would stress 'than as a garden'. I'd ask myself if an extension is a garden and follow the answer.

But you could go to a conveyancing solicitor and ask if there is a way over this problem. It might be that as you will still have a garden (presumably)..? Whether this can be argued legally is for a solicitor to answer.

As you are buying the place, have a solicitor involved (who can see the property details), I am not sure why you are asking this here rather than them lol.

dc197

Driveway, garage, car port, storage area are some other uses that spring to mind. When the bungalow was built, the people selling the land perhaps wanted to ensure nothing "unsightly" would be where the garden is.

eddddy

The covenant is probably intended to stop you using the garden for commercial or agricultural purposes - like repairing cars, parking cars, grazing animals, - or other things that might annoy a neighbour (or whoever benefits from the covenant).

robH

Thanks for all your replies. I'm under no illusion: an extension is not a garden.
But its unclear whether the covenant prevents me from reducing the size of the garden, via extending the building.

I asked my solicitor, and her answer was basically "maybe", as in "it could possibly prevent an extension", but I got the sense that she'd never really considered it before I mentioned it! (I think I need better legal advice...)

Also, I have no definitive way of knowing who benefits from the covenant. The plot was developed as part of an estate in the 50s which has long since sold all plots.

Mistermeaner

Is the garden marked as a defined area anywhere?

Building an extension would make the house larger and garden smaller but not neccassaily be a breach of that covenant (as in you are still using the garden as a garden, there is just less of it)

Ithaca

How old is the house? There could well be no-one left to enforce the covenant if it's been 40-50 yrs or more since the house was built... it all depends on the wording in the Deeds (which your solicitor should be able to help with).

dc197

The deeds may reveal when the covenant as added. The benefactor is likely to be the party that owned the property before the covenant was added. If the bungalow has always had this covenant, the benefactor would probably be whoever sold the land to develop the house.
That could be lost in the sands of time unless your local council or library can help.

davidmcn

If they had wanted to prohibit (or restrict) extending the house, they'd have inserted a clause saying so. I would interpret it as a restriction on the use you make of the open land around the house.

glasgowdan

Have neighbours got extensions? Go and ask them if they came across this.

Davesnave

glasgowdan wrote: »

Have neighbours got extensions? Go and ask them if they came across this.

Or download copies of their title documents from the Land Registry @ £3 or so a time. But speak to the neighbours anyway, because you should always do this.

I'd get a new solicitor too! :rotfl: