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Restrictive covenants

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  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    dunroving wrote: »
    These covenants are almost word for word the same as on the house I am purchasing and I was wondering very similar questions. Can I sit at my computer working on my consultancy work, or my writing work?

    No desire to park caravans or mobile homes, though I think my covenant says no parking "any vehicle"!

    Similar wording about building structures. I want to build a garage at the side of the house but as about 80% of the surrounding houses have already done so, I'm assuming I will be fine to do so, also.

    Practically, you are likely to be fine

    In my experience people raise restrictive covenants

    a) when something effects them directly. For example - someone starts running a business from home which is noisy, brings customers on to the estate taking up parking spaces etc

    b) in retaliation. You stopped me running my business mending cars and I know that dunroving person is also running a business from home. What's the difference? Restrictive covenant should apply equally.

    So I'd say stay under the radar re your work and not mention it to neighbours etc - just in case. I assume there are no outward signs of what you do. As a director of an estate I have no idea what any of our residents are doing behind closed doors. The only time we had problems with a business was when someone started a child minding service and the parents used private parking spaces for drop off and pick up.

    Garage should be okay, too. It's going to be nigh on impossible for someone to object if loads of other people have already built them.
  • 20Andy20
    20Andy20 Posts: 14 Forumite
    10 Posts
    Hi, sorry to post on a old thread! Im new here and still trying to work it all out.
    I am in the process of buying a house and i also have nearly the exact same restrictions as mentioned by others. 
    What im unsure of is that the house i am buying was once under a a certain council but in 2009 it was changed to a different council, does this mean any restrictions will be removed or will they remail?
    Any help is appreciated

    Thanks.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    20Andy20 said:
    Hi, sorry to post on a old thread! Im new here and still trying to work it all out.
    I am in the process of buying a house and i also have nearly the exact same restrictions as mentioned by others. 
    What im unsure of is that the house i am buying was once under a a certain council but in 2009 it was changed to a different council, does this mean any restrictions will be removed or will they remail?
    Probably less confusing if you start a new thread otherwise everyone will reply to the original question here. If you're in the process of buying it then your solicitor should be advising you (this is what you're paying them for!). New council will have simply stepped into the shoes of the previous council so the reorganisation isn't relevant.
  • 20Andy20
    20Andy20 Posts: 14 Forumite
    10 Posts
    davidmcn said: 
    20Andy20 said:
    Hi, sorry to post on a old thread! Im new here and still trying to work it all out.
    I am in the process of buying a house and i also have nearly the exact same restrictions as mentioned by others. 
    What im unsure of is that the house i am buying was once under a a certain council but in 2009 it was changed to a different council, does this mean any restrictions will be removed or will they remail?
    Probably less confusing if you start a new thread otherwise everyone will reply to the original question here. If you're in the process of buying it then your solicitor should be advising you (this is what you're paying them for!). New council will have simply stepped into the shoes of the previous council so the reorganisation isn't relevant.
    : i will post a new thread now, only just realised how to.
    My solicitor never emails me back or give me a call back. Everytime i ring to speak she is either busy or not in the office so i ask for her to call me back - 2 weeks later and a number of calls and emails to her and still no reply which is starting to bug me.

    Sorry im having a bit of a simple moment do you mean by the new council stepping into the shoes of the old council they possible may have kept all the restrictions the same? If so shouldnt it update on the new plan or deeds.
    Thanks again.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    20Andy20 said:
    davidmcn said: 
    20Andy20 said:
    Hi, sorry to post on a old thread! Im new here and still trying to work it all out.
    I am in the process of buying a house and i also have nearly the exact same restrictions as mentioned by others. 
    What im unsure of is that the house i am buying was once under a a certain council but in 2009 it was changed to a different council, does this mean any restrictions will be removed or will they remail?
    Probably less confusing if you start a new thread otherwise everyone will reply to the original question here. If you're in the process of buying it then your solicitor should be advising you (this is what you're paying them for!). New council will have simply stepped into the shoes of the previous council so the reorganisation isn't relevant.
    do you mean by the new council stepping into the shoes of the old council they possible may have kept all the restrictions the same? If so shouldnt it update on the new plan or deeds.
    Nothing needs to happen. All the conditions remain in place.
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