Neighbour claims I have broken the Covenant

Chris-TT

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?

freeisgood

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

Check your documents from your purchase. You'll have a copy there.

Chris-TT

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!

moneyistooshorttomention

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

You could ask the neighbour to have sight of the covenants he has. Much easier than asking on here or your solicitor.

karcher

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.

moneyistooshorttomention

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

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

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

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.