Land Registry questions

alig1

My neighbours are applying to extend their dormer bungalow to a large two storey dwelling despite the fact that a restrictive covenant is in place stating that the property must not be changed from a dormer bungalow. Such an extension will reduce my light/sunshine and reduce my privacy excessively. Is there any way I can challenge this without incurring huge legal costs? I imagine they are relying on the fact that I am alone and retired and cannot afford to get into a legal battle with them. PS The council say this is a legal matter not a planning one

Slithery

If you have a valid planning complaint (right to light/privacy) then it doesn't cost anything to comment on the application, check your local councils website for what they deem as unacceptable.

However, the council are correct in that planning doesn't take into account covenants or even ownership (I would be perfectly within my rights to apply for planning permission for an extension to your house if I wanted to).

The only person that can enforce a covenant is its beneficiary(s), if they no longer exist or aren't interested in enforcing it there is nothing you can do, no matter how much money you have.

PS - I'm not sure why you posted this in the Land Registry thread instead of starting one of your own, this has absolutely nothing to do with the LR.

alig1

Thank you for your reply and apologies that I posted this is the wrong category. As the covenant is held as part of the land registry entitlement this category seemed applicable

Land_Registry

Georgieperry1407 wrote: »

Hi
We are currently in the process of selling our house. Just before Christmas our buyers solicitor picked up that our deeds didn’t state anything about a small portion of our bedroom overhanging a passageway inbetween our house and our neighbour.
We are in a terrace and our neighbours and our bedrooms meet in the middle over the top of the shared passageway. However the solicitors will not accept indemnity insurance for the ‘flying freehold’
After speaking to my neighbour we have come to realise their deeds do explain this, I have taken this to my local council who the house was originally bought from and they have said they will draft up a clause to add to my deeds. Just wondering if anybody has had anything like this happen to them and how long did it take as our council won’t give us any sort of time frame as they say they have never come across this before.
Also who is in the wrong here would I be able to go for the solicitor who bought me the house in the first place or the council for not writing our deeds up correctly?
Any information or knowledge of this appreciated
Thanks Georgie

Unless it was anew build when you bought it your solicitor won't have drawn anything up that referred to the flying freehold. That would (should) have been in the original conveyancing when the property was built and sold.

The solicitor may have asked you to check the property and compare it with the registered details before buying and waited for you to raise any concerns. More likely to spot something wrong with an external boundary though than a small part of the internal layout, although some do spot it.

Not too sure what 'clause' the Council are drafting as you won;t be able to add a clause to say the old deeds now. It may just be a mix of terminolgy though being used so I'm sure they are doing the right thing and once done an application to register the new boundary can be made.

I'd recommend speaking to your solicitor to ascertain what is happening and why - they should have an idea of timescales/what is required

Land_Registry

alig1 wrote: »

Thank you for your reply and apologies that I posted this is the wrong category. As the covenant is held as part of the land registry entitlement this category seemed applicable

I htink it's reasonable to post the Q here although our reply would largely have followed Slithery's.

The only caveat to that is that planning applications may ask the applicant to confirm that they own the land/property but the council don't generally check/confirm that detail and they would not consider any covenants in play.

If the owner is breaching the covenant then the first step is to try and confirm whether you are a benefiting landowner or not. That normally starts with the details of the covenant as to who imposed it and for the benefit of which land.

The simplest scenario is often the one where a builder has built say 40 houses and imposed identical covenants on all. In essence all 39 plots may have the benefit of the covenants so any one of 39 plots could enforce the covenant.

You refer to it being an expensive legal battle but that largely depends on how far it goes. If they are aware of the covenant and kow you own part of the benefiting land then would they go that far when the odds may be stacked against them? A solicitor's letter may be enough but everything depends on all the pieces of this particular jigsaw fitting together re the legal position.

My advice would be to see your local Citizens Advice Bureau and find a local solicitor prepared to offer a reduced fee 30mins/60mins appointment to discuss. Many offer such a service and if they do then it would be handy to understand how such things are likely to pan out from a legal perspective both re time and costs. The solicitor will have experience of this.

You have done much of the research already so are aware of both the planning application and have the details of the covenant being breached. Focus can then be on what options exist

You clearly know your neighbour and that may influence your next steps of course. But something to perhaps consider

Margot123

So, rather than take out an indemnity policy, my buyer's solicitor decided to trace the beneficiary of a restrictive covenant.
Thankfully they have been able to trace them and are currently in negotiations.

I know this may be one of those 'piece of string' questions, but how long should this all take? Assuming the beneficiary is compliant.

alig1

Thank you for your reply.

Not speaking legalese I am unsure whether this covenant restricts the future purchasers or is not applicable to them. Fully understand if you don't wish to comment

"
"THE Purchaser for the benefit of the Vendors' adjoining property known as xxxxxxxxxxxxx aforesaid shown edged blue on the said plan and so as to bind the property hereby conveyed into whosesoever hands the same may come hereby covenants with the Vendors that the Purchaser and the persons deriving title under it will henceforth observe and perform the stipulations set out in the First Schedule hereto PROVIDED ALWAYS that the Purchaser shall not be personally liable in damages for breach of any of the said stipulations so far as they are restrictive of user of the said hereditaments committed after it shall have parted with all interest in the said property in respect of which such breach shall occur."

Land_Registry

Margot123 wrote: »

So, rather than take out an indemnity policy, my buyer's solicitor decided to trace the beneficiary of a restrictive covenant.
Thankfully they have been able to trace them and are currently in negotiations.

I know this may be one of those 'piece of string' questions, but how long should this all take? Assuming the beneficiary is compliant.

Very much a piece of string scenario I suspect although we would not really know. We would only see the end result such as a deed of release. But no real idea of how long it took to get that far

Land_Registry

alig1 wrote: »

Thank you for your reply.

Not speaking legalese I am unsure whether this covenant restricts the future purchasers or is not applicable to them. Fully understand if you don't wish to comment

"
"THE Purchaser for the benefit of the Vendors' adjoining property known as xxxxxxxxxxxxx aforesaid shown edged blue on the said plan and so as to bind the property hereby conveyed into whosesoever hands the same may come hereby covenants with the Vendors that the Purchaser and the persons deriving title under it will henceforth observe and perform the stipulations set out in the First Schedule hereto PROVIDED ALWAYS that the Purchaser shall not be personally liable in damages for breach of any of the said stipulations so far as they are restrictive of user of the said hereditaments committed after it shall have parted with all interest in the said property in respect of which such breach shall occur."

The key words are 'into whosoever hands the same may come' which indicates how it binds future wines of the land

Land_Registry

alig1 wrote: »

Thank you for your reply.

Not speaking legalese I am unsure whether this covenant restricts the future purchasers or is not applicable to them. Fully understand if you don't wish to comment

"
"THE Purchaser for the benefit of the Vendors' adjoining property known as xxxxxxxxxxxxx aforesaid shown edged blue on the said plan and so as to bind the property hereby conveyed into whosesoever hands the same may come hereby covenants with the Vendors that the Purchaser and the persons deriving title under it will henceforth observe and perform the stipulations set out in the First Schedule hereto PROVIDED ALWAYS that the Purchaser shall not be personally liable in damages for breach of any of the said stipulations so far as they are restrictive of user of the said hereditaments committed after it shall have parted with all interest in the said property in respect of which such breach shall occur."

The key words are 'into whosoever hands the same may come' which indicates how it binds future owners of the land