Restrictive Covenants - Help!

Kamaya

Hi all,

We're in the process of buying a house that is owned by the local church. All was going well until we saw all of the restrictive covenants they've placed.

We're awaiting a response from the solicitor, but wondering if anyone has experience of this?

Some we have no qualms with, but here are a few that we find concerning:
1. Should we decide to sell the house in the future, we must first notify the church of the sale, and they will issue a 'certificate'. We aren't to list a property unless this certificate has been issued.
- What happens if they refuse to give this 'certificate'? Why should they have this hold over us in the future?
2. There are strict restrictions regarding faith, and one point highlighted in the covenant is that there are to be practicing of psychic-medium or similar activity! Whilst I have no interest in this practice, if that is someone's faith, can they object to this legally?

There's a couple of others, but they are the main ones that we're after clarification on.

Thank you!

davidmcn

Can you give us the exact wording of both? I presume by "practising as a psychic medium" they mean doing it as a trade.

moneyistooshorttomention

Would it be possible to get indemnity insurance in case of them unreasonably enforcing at least some of them?

Re the "practicing of psychic medium" - I guess you really mean there is to be NO "practicing" of anything like that in the house (eg no asking the local Spiritualist Church round for a session then)??

iammumtoone

I would walk away.



They are selling the house ie it is no longer theirs, they can't then start dictating what the new owners do/don't do in their own home.


How are they selling? is it via an estate agent? do they know of this? perhaps they could have a word with the vendor (once you have informed them you will walk away if it isn't resolved and suspect most other people will be doing the same). Maybe they can talk some sense into them.

steampowered

I doubt the vendor placed these. Most likely they came with the property.

It may be that the covenants have been there for decades and that the chances of them ever being enforced are remote.

Best to ask your solicitor or conveyancer for advice.

G_M

Possibly one of the occasions when a solicitor local to the purchase is useful. They may have prior knowledge/experience of the church and surrounding properties and these (possibly historic?) covenants.

michael1234

iammumtoone wrote: »

I would walk away.

I feel similar but frankly if this was the house you'd finally decided upon and already gone through a lot of the purchasing rigamarole it wouldn't be that easy a decision would it.

Kamaya

Thanks all. The property is being sold via an estate agent, and they claim to have had no knowledge of the covenants that the seller intended to place on the sale.

Exact wording:
"Not to use or permit the property to be used for any illegal immoral or sacrilegious purpose for any activities relating in any way whatsoever to the occult or psychic mediums or for any purpose which may cause annoyance or offence to the transferor in respect of its ownership"

Irrelevant to us, but still.

I misunderstood the part about the certificate, but here's where we have to let them know if we plan on selling in the future:
"The transferee hereby covenants not to sell or dispose of the property or any interest in it without first advising the transferor of any proposed sale or disposal and without also ensuring that the person acquiring the property or any interest in it from the transferee first enters into a direct covenant with the transferor to observe all covenants both restrictive and positive."

Thank you.

iammumtoone

michael1234 wrote: »

I feel similar but frankly if this was the house you'd finally decided upon and already gone through a lot of the purchasing rigamarole it wouldn't be that easy a decision would it.

True, it depends on what kind of person you are and how emotionally you get involved before the house is yours.


I have walked away from a previous purchase including losing money from surveys etc, as there was an issue come up I knew would be a hassle for a future sale.


Only the OP knows how they feel.

Cakeguts

You would have to check all of the beliefs of your visitors not to fall foul of this silly covenant. I say this because my father had a friend who was a spiritualist. I am sure that he would be one of the banned people. What are they going to do watch all the people who arrive to visit you? The whole thing sounds too intrusive to me.

davidmcn

It's pretty commonplace for churches to impose conditions against using properties they sell for any of their "competitors" (which seems to demonstrate a certain lack of confidence that their version is the correct one...). Also often restrictions on using them for selling alcohol or gambling. None of this should really be a problem for residential properties. Doubt it's worth trying to negotiate as I expect they've imposed it at a high level as a general policy for all their property disposals.