Restrictive covenant

killergibbo

hello everyone

i have brought a house and have been living here now for around 6 months before we brought the house our solicitors told the sellers they had to get indemnity insurance on the conservatory that had been built to the rear and side of the house. that was all done.

now we are looking into removing the conservatory to build a single extension to the rear and a extension to the side as well as having a drive way on the front (grass land at the moment)

the house was built in 1984 and the building company seems to have been brought out by another company.

what i would like to know is who can enforce the covenant against me as am not to worry about the building company but more of those who live near me etc.

i am going to copy and paste a section of the "schedule of restrictive covenants" as from what i understand somewhere in here says who can enforce the covenants but i cant understand it.

The following are details of the covenants contained in the Conveyance dated 6 May 1930 referred to in the Charges Register.
"For the benefit of the said Gravel Pit Farm Estate or the part thereof for the time being remaining unsold and so as to bind the property hereby conveyed the Purchaser hereby covenants with the Vendors that the Purchaser and the persons deriving title under him will henceforth at all times hereafter observe and perform all and singular the covenants restrictions and stipulations contained in the First Schedule hereto PROVIDED ALWAYS that the Vendors and their successors in title owners for the time being of the part of the said estate for the time being remaining unsold or otherwise undisposed of may at the request of the Purchaser or the persons deriving title under him release or vary any of the aforesaid covenants restrictions or stipulations and so that nothing herein contained shall operate to impose any restrictions whatever on the manner in which the Vendors or the persons deriving title under them may deal with the whole or any part of the said estate for the time being remaining unsold or undisposed of or be otherwise deemed to create a building scheme for the said estate or any part thereof but so that the Vendors and the persons deriving title under them shall have the fullest right of selling any unsold land upon such terms and conditions and subject to or free from any restrictions as they may think fit PROVIDED further that the Purchaser or other the owners for the time being of the property hereby conveyed shall as regards any of the aforesaid covenants which are restrictive of the user of the land be liable only in respect of breaches which occur while he or they shall respectively be owner or owners of the land or of the part thereof in respect of which any breach occurs.


sorry if my english aint too great i didnt do too well in school haha

thanks

G_M

Fairly straight-forward

killergibbo wrote: »

....

what i would like to know is who can enforce the covenant against me ......

......

"For the benefit of the said Gravel Pit Farm Estate or the part thereof for the time being remaining unsold ........

So the covenant can be enforced by the owners of the Farm Estate, unless it has been sold in its entirety.

rtho782

It sounds to me that all the houses were built on a section of "Gravel Pit Farm Estate" which was sold to developers.

As the neighbors then own freeholds, each of which is historically part of Gravel Pit Farm Estate, they quite possibly all have the benefit of this covenant, and could look to enforce it if they wish.

Hoploz

Do you mean it contains a clause elsewhere that states that no extensions or alterations are allowed? Is this what the indemnity was covering? I assumed it was an indemnity due to lack of planning permission or building regs?

stator

Sounds like all the properties that once made up "Gravel Pit Farm Estate" benefit from the covenant

kerri_gt

Is it a private road?
We live in a private road (again sold off in the 80's) and the residents all own a share of the street. This includes having Directors who are street residents who we'd need to approach for permission to do anything like put a shed up as listed in the covenants.

Have other people made changes to the houses like you want to? For example, we should be ok if we wanted to do a rear extension as it doesn't change the appearance of the front of the house but a front porch or solar panels would be a no no.

killergibbo

This is a copy of the register of the title number set out immediately below, showing the entries in the register on 11 FEB 2017 at 17:14:34. This copy does not take account of any application made after that time even if still pending in the Land Registry when this copy was issued.
This copy is not an 'Official Copy' of the register. An official copy of the register is admissible in evidence in a court to the same extent as the original. A person is entitled to be indemnified by the registrar if he or she suffers loss by reason of a mistake in an official copy. If you want to obtain an official copy, the Land Registry web site explains how to do this.
A: Property Register
This register describes the land and estate comprised in the title.
(CITY) : (COUNTY)
1 (10.11.1978) The Freehold land shown edged with red on the plan of the above Title filed at the Registry and being (ADDRESS) (postcode).
2 A Conveyance of the property known as Peckleton Rise dated 19 February 1979 made between (1) Macoll Homes Limited (Vendors) and (2) (NAME) and (NAME) contains the following provision which affects the land tinted blue on the filed plan:
IT IS HEREBY AGREED and DECLARED :
(i) all ways drain pipes cables or conduits and other matters and things now used and enjoyed or intended to be used and enjoyed in common by the owners and occupiers for the time being of the property hereby conveyed and of the Vendor's adjoining or neighbouring property shall continue to be so used and enjoyed and shall be repaired and maintained at the fair and proportionate expense of the owners of the properties entitled to use the same
(ii) for the purpose of this Conveyance the adjoining or neighbouring property of the Vendor consists of land formerly forming part of Gravel Pit Farm Barwell aforesaid.
3 The land has the benefit of the rights granted by but is subject to the rights reserved by the Transfer dated 30 April 1984 referred to in the Charges Register.
4 The Transfer dated 30 April 1984 referred to above contains a provision as to light or air.
B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal.
Title absolute
1 (09.06.2016) PROPRIETOR: (OUR NAME) and (OUR NAME) of (OUR ADDRESS)
2 (09.06.2016) The price stated to have been paid on 6 June 2016 was (COST).
3 (09.06.2016) The Transfer to the proprietor contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof.
C: Charges Register
This register contains any charges and other matters that affect the land.
Title number (REMOVED)
2 of 4
1 A Conveyance of the land tinted pink on the filed plan and other land dated 6 May 1930 made between (1) The Earl Shilton Permanent Benefit Building Society (2) (NAME) and others (Vendors) and (3) (NAME)(Purchaser) contains covenants details of which is set out in the schedule of restrictive covenants hereto.
2 A Conveyance of the land tinted blue on the filed plan and other land dated 30 May 1930 made between (1) The Earl Shilton Permanent Benefit Building Society (2) (NAME) and others (Vendors) and (3)(NAME) (Purchaser) contains covenants details of which is set out in the schedule of restrictive covenants hereto.
3 A Transfer of the land in this title dated 30 April 1984 made between (1) Sir Alfred McAlpine Homes (Leicester) Limited and (2)(NAME) and(NAME) contains restrictive covenants.
NOTE 1: The Covenants and conditions contained or referred to in the Charges Register of title LT87481 mentioned in the Fourth Schedule to the above Transfer are set out in the Register of this title so far as they affect
NOTE 2: Original filed.
4 (09.06.2016) REGISTERED CHARGE dated 6 June 2016.
5 (09.06.2016) Proprietor: BANK OF SCOTLAND PLC (Scot. Co. Regn. No. SC327000) of Halifax Division, 1 Lovell Park Road, Leeds LS1 1NS.
Schedule of restrictive covenants
1 The following are details of the covenants contained in the Conveyance dated 6 May 1930 referred to in the Charges Register.
"For the benefit of the said Gravel Pit Farm Estate or the part thereof for the time being remaining unsold and so as to bind the property hereby conveyed the Purchaser hereby covenants with the Vendors that the Purchaser and the persons deriving title under him will henceforth at all times hereafter observe and perform all and singular the covenants restrictions and stipulations contained in the First Schedule hereto PROVIDED ALWAYS that the Vendors and their successors in title owners for the time being of the part of the said estate for the time being remaining unsold or otherwise undisposed of may at the request of the Purchaser or the persons deriving title under him release or vary any of the aforesaid covenants restrictions or stipulations and so that nothing herein contained shall operate to impose any restrictions whatever on the manner in which the Vendors or the persons deriving title under them may deal with the whole or any part of the said estate for the time being remaining unsold or undisposed of or be otherwise deemed to create a building scheme for the said estate or any part thereof but so that the Vendors and the persons deriving title under them shall have the fullest right of selling any unsold land upon such terms and conditions and subject to or free from any restrictions as they may think fit PROVIDED further that the Purchaser or other the owners for the time being of the property hereby conveyed shall as regards any of the aforesaid covenants which are restrictive of the user of the land be liable only in respect of breaches which occur while he or they shall respectively be owner or owners of the land or of the part thereof in respect of which any breach occurs.
THE FIRST SCHEDULE before referred to
1. No buildings other than dwellinghouses with or without shops for carrying on retail businesses with the necessary outbuildings thereto adjoining and belonging shall be erected on the land hereby conveyed and no noxious noisy or offensive trade or business shall be carried on therein and no act or thing shall be done or suffered thereon which shall be or may be or grow to be in any way a nuisance annoyance or disturbance to any adjoining or neighbouring property nor shall any building be used as or for a public house hotel inn tavern beer house or club for the sale of wine beer or spirits
2. No building of any description other than a boundary wall or bay windows or porches shall be erected on or over any part of the piece of land hereby conveyed lying within fifteen feet from the boundaries fronting the said proposed roadway marked with dotted lines on the said
Title number LT(NUMBER)
3 of 4
Schedule of restrictive covenants continued
plan
3. No sand gravel or brick earth shall be excavated or removed from the land hereby conveyed except where necessary for the formation of cellars or for digging foundations of any buildings which may hereafter be erected or for the formation of any drain or sewer
4. The Purchaser shall whenever required by the Vendors or the persons deriving title under them so to do forthwith erect and for ever thereafter maintain a good and sufficient fence not more than 6 feet in height along the boundaries of the piece of land hereby conveyed where marked with a 'T' within the boundary lines as shown on the said plan
The restriction imposed as to the height of such fence shall not apply to any wall forming part of any messuage erected upon the piece of land hereby conveyed or any outbuildings or offices connected therewith In case any such fence shall not be duly made and maintained the Vendors or other the owner or owners for the time being of the land immediately adjoining the land hereby conveyed may enter upon such land and make or repair such fence and recover the expense thereby incurred from the Purchaser
5. The Purchaser shall not permit any wall or other erection on the land hereby conveyed to be used as an advertising station
6. The Purchaser shall not be entitled to any right of light or air or other easement which would detract from or interfere with the free use and enjoyment of any adjoining or neighbouring land for any purpose whatsoever
7. The Purchaser shall whenever required by the Vendors or the persons deriving title under them forthwith construct the said proposed road marked on the said plan with dotted lines and forming part of the property hereby conveyed by pitching the said roadway and covering the same with ashes or other proper materials and will at his or their own expense when required as aforesaid complete the construction of the said road and the footpaths by the side thereof with proper materials to the satisfaction of the Council for the administrative County of Leicester and will from the time of such complete construction use his or their best endeavours to cause the repair and maintenance of the said roads and footpaths to be undertaken by the said Authority
8. Provided always and it is hereby agreed and declared that the Vendors or their successors in title may at any time hereafter alter the position of the said proposed road marked with dotted lines on the said plan to such a position as shall be agreed upon between the Vendors or their successors in title and the Purchaser or his successors in title respectively or failing agreement as shall be determined by Mr. E.H. Crump of Hinckley in the said County of Leicester Architect and Surveyor or the Surveyor for the time being of the Gravel Pit Farm Estate and the rights and obligations heretofore referred to and the covenants hereinbefore contained shall apply hereto as if the position of the said proposed road had been finally agreed upon at the date hereof.
9. The Purchaser shall not throw or leave or permit to be thrown or left any kind of rubbish or obstruction whatsoever on the said roads or footpaths."
NOTE 1: The T marks referred to above do not affect the land in this title
NOTE 2: The land in this title does not lie within 15 feet of the proposed roadway.
End of register

i have removed names of myself and others to protect ours and others privacy etc done this with (NAME)

yes the conservatory was done without building regs or planning so needed to be insured.

killergibbo

other people have made changes to their houses with them building extensions etc...no my house is a corner plot and not on a private road

Hoploz

Nothing there says you can't build an extension. It only says you can't build within 15 feet of the front boundary.

What covenant do you think you are going to breach?

killergibbo

Within the charges register part it says at 3 note 1 the covenants and conditions contained or referred to in the charges register of title lt****** mentioned in the fourth schedule to the above transfer are set out in the register of this title so far as they affect...note 2 original filed... so the original I have a copy of but not a digital copy but it's a old school version and in the third schedule it says.

"NOT at any time without the consent in writing of the transferor first obtained to erect or suffer to be erected any building or structure whether of a permanent or temporary nature on any part of the plot and not to make or suffer to be made any alteration or addition in or to the house or to any building for the time being standing on the plot unless such erection alteration or addition to be made in accordance with plans elevations and specifications showing the materials external finish and location which shall have been previously approved by the transferee whose reasonable fee for such approval shall be paid by the transferee"

Am thinking the transferor would be the building company but am seeing that they have been taken over by another company now so would his mean I have to ask the new company

rtho782

Others having built doesn't mean much. Anyone can build, even get planning permission etc, and if nobody says anything it's all fine.

When they come to sell the buyers solicitors might require indemnity, but everything is fine until someone complains and does something about it.

You might upset someone who does something about it, and then find that "but the other residents did it too!" does nothing to help your case.