PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Neighbour claims I have broken the Covenant

Options
Our house was built in 2008, and we purchased it last year (Freehold). The back garden surrounds the house to the sides, however, on the larger side, it only goes half way along the house. On the other side, there is a dropped kerb and just some shrubbery. Soon after moving in I pulled out all of the shrubberies and intended to ether put in extra parking spaces (because of the dropped kerb) or move the fence to the end of the house to make the garden bigger. I should also mention that before I did anything I checked the ‘Title Plan’ to ensure the land was within the freehold boundaries.

As soon as I had taken up the shrubberies I had a neighbour in a friendly manner explain that I wasn’t allowed to do that and that there are strict conditions in place in the covenants. I might be wrong on the name, however, on doing a bit of research I presume this is what he was talking about. I’ve since not touched the space, but as summers approaching I want to start sorting the garden out and ideally move the fence to include that space in my back garden.

Now firstly how do I get hold of this document (presuming it was the one he was talking about) the solicitors were absolutely useless and don’t seem interested in responding to my requests, and neglected to mention that a covenants even existed, and secondly if he is correct how do I go about challenging the condition so I can move this fence?
«13456

Comments

  • freeisgood
    freeisgood Posts: 554 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 27 May 2017 at 7:21PM
    It would be in your house deeds...which you should be in possession of.

    Any covenant is something that is mentioned in the deeds, it is not generally a separate document.

    Please note that even if you have broken a covenant (if there is one!) in the deeds you can pay to have it removed if reasonable. (Such as removing a covenant that states a site to be a single dwelling only if you are going to split it up into two dwellings after planning granted etc)
  • jbainbridge
    jbainbridge Posts: 2,027 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Check your documents from your purchase. You'll have a copy there.
  • Chris-TT
    Chris-TT Posts: 16 Forumite
    Ok great, thank you. I’m unsure of where the deeds are, is it possible that the mortgage company has them? What is the best way of getting a copy of them? As mentioned the solicitor was useless at the time and isn’t responding to my emails. Certainly, a lesson learnt not to just go with the cheapest!
  • Ask the Land Registry for a copy of the Title Plan and accompanying Register entry. It's only a few £ and anyone can get it.

    I was able to get hold of that for a neighbour and duly saw that there are covenants applicable to their house and those covenants are down there on the Register entry.
  • Loanranger
    Loanranger Posts: 2,439 Forumite
    You could ask the neighbour to have sight of the covenants he has. Much easier than asking on here or your solicitor.
  • karcher
    karcher Posts: 2,069 Forumite
    1,000 Posts Combo Breaker
    Chris-TT wrote: »
    Ok great, thank you. I’m unsure of where the deeds are, is it possible that the mortgage company has them? What is the best way of getting a copy of them? As mentioned the solicitor was useless at the time and isn’t responding to my emails. Certainly, a lesson learnt not to just go with the cheapest!

    Your Mortgage provider will more than likely have your deeds.
    'I'm sinking in the quicksand of my thought
    And I ain't got the power anymore'
  • Loanranger wrote: »
    You could ask the neighbour to have sight of the covenants he has. Much easier than asking on here or your solicitor.

    Which would lead to one of two things imo.

    Either:
    - OP finds out neighbour is lying (but that could take some time to work out - as neighbour prevaricates and prevaricates about looking out the evidence)

    OR

    - neighbour is telling the truth and starts feeling very confident about being able to "lay down the law" to OP.

    Far better to just send off £6 to the Land Registry and find out for oneself. No delay and no risk of neighbour getting "over-confident".

    I certainly found it quite useful to do this personally - as it became very clear that things weren't the way the neighbour was trying to make out they were:):rotfl:
  • PixelPound
    PixelPound Posts: 3,058 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    karcher wrote: »
    Your Mortgage provider will more than likely have your deeds.
    Hmm. Mortgage companies now keep an electronic copy of the deeds, not the original. Saves on storage.

    As has been said, get a copy off the Land registry. You can instantly get an electronic copy of the title registry which will specify if there are covenants, which will mean you know whether to purchase a copy of the deeds. Should be fine as the house was built in 2008. You mentioned you've seen the title plan, did you also get the title registry too.
  • unforeseen
    unforeseen Posts: 7,382 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    karcher wrote: »
    Your Mortgage provider will more than likely have your deeds.

    Doubt it. Paper deeds are things of the past since it was all computerised. All records will be with the land registry
  • Chris-TT
    Chris-TT Posts: 16 Forumite
    edited 27 May 2017 at 8:46PM
    I've been through all my email correspondence and can't find anything relating to the deeds except a form I had to sign to transfer them.

    I just ordered the 'Title Register' and it states this: Edit - I've just found 'The Charges'

    (25.07.2016) 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.
    1 By a Conveyance dated 9 August 1968 made between (1) The Minister of
    Public Building and Works (Vendor) and (2) Whitecroft-Scovill Limited
    (Purchaser) the land in this title together with other land was
    conveyed subject as follows:-
    "SUBJECT to such rights as the South Wales Electricity Board may have
    in respect of the overhead cable now existing in the position shown by
    red lines."
    NOTE: The red lines are shown by blue broken line on the title plan so
    Title number XXX
    far as they effect the land in this title.
    2 (09.01.2009) A Transfer of the land in this title dated 11 December
    2008 made between (1) Lovell Partnerships Limited and (2) XXX
    NOTE: Copy filed.
    3 (25.07.2016) REGISTERED CHARGE dated 1 July 2016.
    4 (25.07.2016) Proprietor: XXX

    It doesn't mention anything about taking up shrubs, am I definitely looking at the right document, or is the neighbour referring to something else? He also said there was something in there that said not being allowed to park work vehicles on the driveway too.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.