Restrictive convenants on land

maggieaggie_2

Hello,
Please, any one could help to explain me about restrictive covenant .
I m going to purchase a land , which eventually i am planning to build a house. There is no planning permission at the moment. I came across about some restrictive covenants on this land in paperwork. I cannot understand them, and i hope someone could explain me about it.
First is :

"NO building or erection of any kind (except the existing buildings) shall be erected on the land hereby transferred unless(i) a plan and specification thereof has previously been approved in writing by the Transferor and fee of Two guineas for approval of such a plan and specification has been paid to the Transferor (ii) it is in accordance with the regulations and Building Regulations of the Local or Planning or other competent authority. "

What this all mean? Is it worth to go ahead with the purchase? Please advice..Thank you

maggieaggie_2

As i saw it... there is empty land and i think nothing was build on it in past.

davidmcn

Don't you have a solicitor? Doing your own conveyancing is admirable, but even more risky where you're proposing to carry out development.

da_rule

It should say what transfer that clause is from. It will say something alone the lines of "in a transfer dated XX made between XX and XX".

What the covenant means is that:
1) If you want to build anything on the land you need to send plans to the transferor from the above transfer plus a fee of 2 guineas (which is £2.10 in modern money I believe) and must obtain the permission of the transferor before commencing work
2) Any work you do carry out must have the relevant planning permissions and building regulation permissions

G_M

maggieaggie wrote: »

..... I came across about some restrictive covenants on this land in paperwork.....

Please tell us what paperwork. Where does it say this?

But as da_rule says, as well as Planning Permission you will need the permission of ...someone .... (" the transferor" or maybe his inheritors if he's dead, or has sold his land). Depending on the exact paperwork, and exact crcumstances, this may or may not still apply.

maggieaggie_2

These covenants were written in 1968, and I believe the Transferror is still in business.
Do I need to pay to the Transferror only what is in that covenant two guineas (£2.10) or Transferor can demand whatever he like for the approval ?

What is the best option? Do I need to obtain planning permission and then approach the Transferror?

Thank you.

da_rule

You only have to pay what's in the deed.

There's no point paying for a planning application until you have the sign off from the transferor.

What you need to do is what the covenant tells you to do. Contact the transferor with plans for what you want to do and the payment and ask them to grant you permission.

Doozergirl

We have similar in our deeds (although ours are more restrictive) and planning permission to build another house.

Our deeds are older, there's virtually no chance of anyone being able to enforce it. Our solicitor purchased a special indemnity policy for us when we purchased. It cost more than two guineas though

Just chat to your solicitor about your plans and they can advise you of your options.

da_rule

The OP may himself struggle to get insurance as the covenant is clearly identifiable and the beneficiary is also clearly identifiable (and still in existence). You could argue that it is now obsolete given the amount of time that has passed and any development that has happened in the area, however this would have to go before the Lands Tribunal.

Another option may be to ask the transferor to release the covenant via a deed of release. This will cost more than the 2 guineas.

The final option is the OP just goes ahead and does it and runs the risk. This may make an insurance policy easier to get when he comes to sell the land as it is difficult to ensure where the party that could bring action knows about the breach.

maggieaggie_2

Thank you very much for your help,I'm very appreciate

If I approach the Transferror for approval with my plan and fees (£2.10) and Transferor doesn't want to cooperate or (not agree)so in this situation what are the options left for me?

Thank you.

antrobus

maggieaggie wrote: »

Thank you very much for your help,I'm very appreciate

If I approach the Transferror for approval with my plan and fees (£2.10) and Transferor doesn't want to cooperate or (not agree)so in this situation what are the options left for me?

Thank you.

You offer them some more money.