Restrictive covenant - shed

dc197

Hoploz wrote: »

P.s. unlike planning laws, there are actually no grounds for a covenant to no longer be enforceable after any long period of time. They remain on the land unless it is agreed with the beneficiary to remove them. If you can find the beneficiary, that is!

My sol told me that although covenants don't expire, any breaches that have lasted for 20 years cannot be punished. I don't know whether that figure is defined in statute or just from case precedence.

adonis10

Dan-Dan wrote: »

Go steady regards tree`s though , TPO or no , if one is close to the house you might want to get an expert to help you advise the best way to treat it , you could cause problems to the house foundations ripping it out

Yeah, we will. It's about 40ft from back of the house. How close is too close for comfort?

We may end up just cutting half of it down to let the light in, rather than pull up the roots as well.

nicmyles

Currently buying a house with various restrictive covenants dating from the 19th century - the premises cannot be used "for the practice of any art or mystery". I'm also not allowed to become a school-teacher, an estate agent or an auctioneer.

On the advice of our solicitors, we're just ignoring it.

robatwork

nicmyles wrote: »

Currently buying a house with various restrictive covenants dating from the 19th century - the premises cannot be used "for the practice of any art or mystery".

Glad that's not my house. I would have to stop cooking. (More mystery than art)

nicmyles wrote: »

I'm also not allowed to become a school-teacher, an estate agent or an auctioneer.

Teacher is a very noble profession, and something of an art.
Auctioneer seems a decent profession, and something of an art.
Estate Agent....neither art, nor science, nor particularly useful. Definite mystery.

CathA

One of the houses we bought had a restrictive covenant saying that all sheds, extensions etc had to have permission from the company named in the deeds before building anything. My neighbour investigated the company and discovered it was no longer trading/had been bought out by another company, no one knew.

Looking around the estate, there was a sea of sheds, extensions, conservatories and I can bet you anything you like that they hadn't all applied for permission. We put a shed up and have never heard anything.

Perhaps try Googling the company to see if it's still trading? I'm pretty sure that it was only put in when the estate was new to stop people adding things on whilst the rest of the estate was being built/sold. In fact, if I remember, it was not even mentioned by our solicitor.