Property Law - Deed of Covenant

Ann_Firth

It just says amenity area. I've only found out what this actually is when I've contacted the management company - they have now provided a plan outlined the area.

Ann_Firth

It was a long shot but what I was looking at is whether the maintenance company had legal capacity to sign the deed of covenant as they didn't own the land (amenity area) at the time the deed was signed, house purchase went through. If they didn't then would be unenforceable?

Clutching at straws I know.

davidmcn

Ann_Firth wrote: »

It was a long shot but what I was looking at is whether the maintenance company had legal capacity to sign the deed of covenant as they didn't own the land (amenity area) at the time the deed was signed, house purchase went through. If they didn't then would be unenforceable?

Clutching at straws I know.

I don't see why not - assuming they later did become proprietor and registered the deed. It's the norm to sign deeds before transactions are complete e.g. you sign your mortgage deed as the owner, but if you're buying you have to sign before you become the owner. But it's perfectly valid once you become the owner.

steampowered

Did you read the deed of covenant?

If the deed of covenant says you agree to pay maintenance charges and you signed it, then it is legally enforceable. You are not going to be successful with raising legal dubious arguments to contest a legal document with your signature on.

If you read the deed of covenant before you signed it, you would know exactly what the arrangement is.

Let this be a lesson to read things before you sign them. Particularly documents associated with important transactions such as buying a property.

Ann_Firth

It doesn't go into any detail. The deed of covenant says covenants with the (name of management company) to amenity areas to observe and perform the covenants contained in the clauses of the transfer deed.

I totally get your point. I was a first time buyer, I didn't know about any of this. It wasn't raised by the solicitor either. I was just sent the documents.

Thanks for your response

EachPenny

Ann_Firth wrote: »

It was a long shot but what I was looking at is whether the maintenance company had legal capacity to sign the deed of covenant as they didn't own the land (amenity area) at the time the deed was signed, house purchase went through. If they didn't then would be unenforceable?

If I understand the situation and your question correctly, then you've signed a deed of covenant relating to your property which says (roughly) that you agree to pay the maintenance company a share of the costs to maintain a second piece of land (which you don't own).

In which case the precise form of words on the deed of covenant might be relevant - if for example it referred to a specific piece of land and excluded all others. That form of wording would protect you if the council and the maintenance company did a deal which resulted in you becoming jointly liable for maintaining a different (or additional) piece(s) of land which involved much higher costs.

So if the wording said something like "those areas of communal land owned by X developments Plc on xx/xx/2017" then whether or not they were owned at that specific point in time might be relevant to the point of your question - but it sounds unlikely that applies in your circumstances.

What I would be more concerned about is the nature of the "public access". With that come risks of flytipping (who pays for clearance?), injuries and accidents (is there adequate insurance in place?) and also whether public access will lead to unintended rights being granted to the public (is the land signed at entry points to say who owns it and what the conditions of access are?)