Covenant. Help please.

CraigWells

I will try to be brief. Myself and wife, 2 kids wanted to move home. My wife's parents being elderly suggested we both sell and buy together to benefit us all. We have now both sold our properties and are nearly complete on our house to move to when the solicitor said stop there is a covenant. The house we going to was extended 8 years ago from 3 bedroom to 5 bedroom. Now the problem is the solicitor has said there is a covenant saying 2 couple cannot live in the property together. I have asked them the exact wording in case it means 2 couples living separately or 2 couples like our case an extended family. They are being very vague and it is driving us mad that we cant now get any information from them until Monday. That's when i thought i would come on here about it. I have searched and read about covenants but have not found one about 2 couples living in the same house. So is this true or are the solicitors not reading it right. Can we do anything to alter it. The house was an ex council property but i don't know when the current owners bought it but the extension was completed in 2010. Can anyone help and give us some advice or put our fears to bed. The other parties who are buying our homes want to know moving in dates etc. We are so far down the line it would be crazy we have to stop everything.

da_rule

Covenants can say pretty much anything. You could go to the Land Registry website and obtain a copy of the title register and see if the covenant is on there.

CraigWells

If i was to go to the web site and buy the form it is £3. Do i get it by e-mail immediately or do i have to wait.

G_M

Immediate.


https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do


Though the LR Title may or may not have the full wording. It may just refer to a further document in which the covenant is specified.


But for the sake of £3....?

CraigWells

I have purchased the document you mention but it does not give the specifics of the covenant. it just says the following

(19.01.2004) A Conveyance of the land in this title dated 1 December
2003 made between (1) The Borough Council Of King's Lynn And West
Norfolk and (2) ************** and ************ contains
restrictive covenants.

So now how would it be possible for me to read what those covenants were?

Any help anyone. Please.

Richard_Webster

You have to get a copy of that conveyance from the Land Registry - gov.uk site not one of the expensive sites that sit at the top of google searches.

CraigWells

I did get it from Gov.uk web site £3.

Richard_Webster

You got a copy of the Land Registry entries for the property. They refer to that conveyance which you have to purchase separately.

ProDave

Surely your solicitor will have a copy of the previous conveyence and the exact wording of the covenant. He would be best placed to advise you.

You need to ask who imposed the covenant, when, and for what purpose, and are they still in a position to enforce it.

It sounds to me possibly like a poorly worded attempt to stop you ever dividing it into two separate houses, possibly imposed by whoever built the extension?

G_M

CraigWells wrote: »

I have purchased the document you mention but it does not give the specifics of the covenant. it just says the following

(19.01.2004) A Conveyance of the land in this title dated 1 December
2003 made between (1) The Borough Council Of King's Lynn And West
Norfolk and (2) ************** and ************ contains
restrictive covenants.

So now how would it be possible for me to read what those covenants were?

Any help anyone. Please.

The Land Registry probably have a copy of the Conveyance dated 2003 on file. However, you cannot obtain it electronically..


You can apply for a copy by post using form OC2 here. Though I imagine your soliciitor has alreay done so, so waiting till Monday and asking him would be quicker!

KL0001

We are in the process of selling our ex council house and have a few convenants attached one of which is the house is to be used as a “single private dwelling house for one family occupation only”, if the wording on you new property is similar, I suspect it’s down to the individual to decide whether you consider yourself as “one family” or not. Whilst not the typical set up, it’s also not unusual for gradparents, parents and children to live in a house as a family unit.