Restrictive Covenant Query

jarshay

Hi all,

We bought a house last year and there was a restrictive covenant affecting the adjoining farmland (not owned by us) to the back of our property, which we were not that fussed about as the previous owner said nothing/nobody had taken interest in the land in all the years she had lived here and we checked the planning portal too to confirm this. To provide slight background, our house was the farmhouse to the farm but was split in a transaction in 1986.

Fast-forward 5 months after purchasing and after seeing quite a few vehicles and people on the land, there is now an offer on the table to build 6-8 bungalows on the land behind our house.

I have just pulled out the paperwork and title documents to have a read through and was just wondering if anyone could provide me with some advice.

The covenant states:-

“Covenants by the Purchases
1. Forever hereafter to maintain the existing post and wife fences and concrete block wall as indicated on the plan.
2. No to do or perm it or suffer to be done in or upon the property hereby conveyed anything which may be or become a nuisance, annoyance or cause damage or inconvenience to the Vendors or neighbouring owners or occupiers.
3. At all time to pay the full cost of maintaining and emptying the cesspit herinbefore referred to.”

“Copy of covenant referred to in the said conveyance. ‘For the benefit and protection of the adjoining land of the Vendor which is edged green on the said plan and any part or parts thereof and so as to bind the property hereby conveyed into whosever hands the same may come the Purchasehers herby covenant which the Vendor that the Purchaser and its successors in title will not at any time erect any building or buildings on Ordnance Survey Number xxxx part within hundred feet in an easterly direction of the Eastern boundary of the said adjoining land edged green on the said plan”.

The prospective owner has been very friendly and said he will be very transparent with his plans and said he wants to come and talk to us in the next couple of weeks. I am just wondering if when he shows me the plans, there is a bungalow within 100ft of our eastern wall whether I should tell him that I’d prefer he didn’t build there or should I contact my solicitor?

Any help would be greatly appreciated.

Best,

Joshua

G_M

Without seeing the full document (ie the ccontext), it appears to me that you are not permitted to "erect any building or buildings on Ordnance Survey Number xxxx part within hundred feet in an easterly direction of the Eastern boundary".


Or have I misunderstood? Are you looking at the Title to your property, or title to the land next door....?

jarshay

G_M wrote: »

Without seeing the full document (ie the ccontext), it appears to me that you are not permitted to "erect any building or buildings on Ordnance Survey Number xxxx part within hundred feet in an easterly direction of the Eastern boundary".


Or have I misunderstood? Are you looking at the Title to your property, or title to the land next door....?

Thank you for your reply.

I am the owner of the house that originally sold the farmland - so I thought I would have been classified at the vendor and the purchaser be the person who owns the farmland.

I am looking at the Title of my property.

G_M

Ah! That makees sense. Sorry.


I assume then that the "the adjoining land of the Vendor which is edged green on the said plan" is the field which is now threatened with development?

Why don't you wait and see what he plans.

* it's good that he's 'friendly' and willing to discuss - but be cautious. It may well be that he knows his plans contravene the covenant but hopes a friendly approach will make you more pliant


* do not agree or disagree with anything when you meet. The less you say (beyond offering him tea and cake) the better. Listen, learn and don't commit or comment


* ask to keep a copy of his plans to consider. You can then show them to your solicitor if that's what you decide is appropriate after the meeting.


* has he applied for Planning Permission? I would check this with the council Planning office before the meeting. Knowledge is power. If he has, get hold of a copy of the plans.


* what is your aim? To prevent him building within 100 feet? To get some money in return for permitting the building? Something else?

jarshay

G_M wrote: »

Ah! That makees sense. Sorry.


I assume then that the "the adjoining land of the Vendor which is edged green on the said plan" is the field which is now threatened with development?

Why don't you wait and see what he plans.

* it's good that he's 'friendly' and willing to discuss - but be cautious. It may well be that he knows his plans contravene the covenant but hopes a friendly approach will make you more pliant


* do not agree or disagree with anything when you meet. The less you say (beyond offering him tea and cake) the better. Listen, learn and don't commit or comment


* ask to keep a copy of his plans to consider. You can then show them to your solicitor if that's what you decide is appropriate after the meeting.


* has he applied for Planning Permission? I would check this with the council Planning office before the meeting. Knowledge is power. If he has, get hold of a copy of the plans.


* what is your aim? To prevent him building within 100 feet? To get some money in return for permitting the building? Something else?

Thank you for your reply.

Yes, part of the field is threatened with development, but it will be fairly close to my house.

My aim would be to get more garden/plot from him as we only have about 25ft behind our house, but if that fails, then I’d rather prevent any building within the 100ft as it will block my ‘countryside and field view’ which was part of the reason we bought the house.

I’ll certainly take your points on board regarding, not saying too much.

He is preparing the plans and his architect took my email to send me a copy of the plans to view - all seems like they are really trying to have me on side.

chalky_white_2

The farmhouse was more likely than not sold off from the farmland generally (so as to retain the land for development purposes) so it sounds like the restrictions are applicable to the farmhouse, with the land being the 'retained land'. However, it is not really possible to understand without sight of the coloured title plan and full wording of the title register / referred to documents.

davidmcn

Assuming your interpretation is correct...if the covenants do restrict the proposed development then I expect the developer is already fully aware of them, and will either need to avoid breaching them (or do a deal with you).

jarshay

chalky_white wrote: »

The farmhouse was more likely than not sold off from the farmland generally (so as to retain the land for development purposes) so it sounds like the restrictions are applicable to the farmhouse, with the land being the 'retained land'. However, it is not really possible to understand without sight of the coloured title plan and full wording of the title register / referred to documents.

Thank you.

jarshay

davidmcn wrote: »

Assuming your interpretation is correct...if the covenants do restrict the proposed development then I expect the developer is already fully aware of them, and will either need to avoid breaching them (or do a deal with you).

Well, time will tell - the architect is due to drop off a copy of plans to me this week - I will post again and send more information once I know more.

Thanks again.