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Covenants

Hi hope you are well. We bought a house about 6 months ago. I'm now trying to make some improvements to the house but to my surprise there are restrictive covenants on 3 separate areas of the house. My conveyoncers did not bring this to our attention at all. Is this something they should have found out and if so do we have any kind of comeback?

Thanks for your help.
«13

Comments

  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Like what?

    They'll have sent you a copy of the papers to read - and they'd most likely have picked up on "crucial" ones and tried to bang those home to you ... but if they're common they might've mentioned them in passing and in your eagerness to complete the purchase it went in one ear and out the other as your eye was on the end game.

    So what sort are they?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    How did you find out about the covenants?
    And what are they?

    Whether your conveyancer should have highlighted them to you, as opposed to just sending you the documen(s) to read, would depend how signficant they were.
  • I found out by phoning the council to ask about raising my chimney. When I say "they didn't bring it to our attention" I mean they didn't send us any of those documents. I read everything they sent me.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    What 'document' is it in?
  • Covenants restrict any exterior alterations at all to the existing extention, restrict the internal garage from being converted to a habitable room and a few other minor things I won't bore you with. I can't even raise the chimney without applying for full planning permission
  • It wasn't in any of the documents they sent us. I have all of them now because the council sent them to me
  • I guess my question is...should the solicitor who did our conveyancing have checked to see if there were any covenants on the property or is this not in their remit
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 23 October 2016 at 7:14PM
    It sounds like these are not covenants, but Planning Restrictions.

    Have there been historic planning applications/consents?
    Is this a listed building?
    Or is it in a conservation area?
  • Sorry if i am using the wrong terminology. ..the docs sent by the council have " notice of consent" at the top and blah blah town and country planning act 1971
  • Should I have been sent the's docs by the solicitor?
This discussion has been closed.
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