Restrictive Covenants

Stevie1243

Could anyone please help me with a problem am having with a new build and it's restrictive convents. I will try and keep it short as possible
A year and half ago I purchased a new build property. Am a first time buyer and at the time I was hoping this to be our long term home. When we bought the house we was appoitined a solicitor by the developer (part of the purchase deal). From then off we was messed about - the mortage advisor (again appointed by developer) not securing mortage until a week before completion - we spend the full 9 months of the build not knowing if we actually had a house. They changed our solitor with out letting us know- we only found this out as we heard nothing from the solicitors we was originally given. we rang them when it was getting closer to completion to find out why we haven't heard anything- we was told that they was no longer our solitor. We had to then ring the develper to find out who it is. We didn't meet the solicitor or go through contract until 2 days before getting keys. (Idk if thats normal or not). We was his last appointment and it was rushed.
He talked about Restrictive Covenants but only mentioned things such as not having a caravan, work van or wanting to build sheds etc over 6 foot. Not that yoy couldn't make any changes to the front of the property - this even includes painting your front door! He also failed to mention that the convenants where for the life time of the property.

We now want to move our back wall forward in to a bit of the front garden that is wasted space. (This is part of our property with in our boundary.) it's not looking over anyone's proprty/ in sight of f anyone's property or blocking any paths/roads etc as it's on our land. It will give us about 10ft in length extra back garden. The developers have refused us to do this. We are planning on exstending the kitchen next year. In order for us to do this the wall would need moving. Can I ask where would we stand if we go a head and move the wall anyways.. Are they going to go to the lengths of taken us to court ect? We put up a picket fence around the property when we moved in as we are on the edge of a close and we was having people trespass over my garden and drive to get in to the close - rather then walking around. We had people parking on our drive. We told the developer of the problems and asked if the would put a fence up ( the road opposite with thier houses on they provided a fence to them all but not outside). Tudy refused to help so we put one up ourself. We had is letter reminding us of the Restrictive Covenants abs asked us to tske it down which we haven't and we haven't heard anything since.
. In the area people have broken all sorts of Restrictive Covenants- there is a huge caravan a few doors down, commercial vans everywhere and my next door neighbour is running a business from her house! That was deffently told as a big no no when buying the house. Yet she's running a nursery from her home which is causing us daily problems. Yet I cant move a wall which effects no one? Can anyone give me any advice on where I stand. This is causing me so much anxity. I feel trapped as we can't sell and I don't want to. I just want to be able to make improvements to my house and help increase its value- after all who dosnt want a bigger bsck garden? Could anyone help me with What my reply email should be when replying to thier no to moving the wall.

SmashedAvacado

you need to coherently explain which restrictive covenants appear on your legal title. Can you do that? If so, then you can have some suggestions about next steps. At the moment, its not possible to give you any guidance other than to look at your title.

G_M

Stevie1243 wrote: »

....
A year and half ago I purchased a new build property. Am a first time buyer and at the time I was hoping this to be our long term home. When we bought the house we was appoitined a solicitor by the developer (part of the purchase deal).
:eek:
No. You may have had a solicitor recommended by the developer - but you appointed him. Which is always a mistake.

From then off we was messed about - the mortage advisor (again appointed by developer)
Sigh! :eek:

Do you never make decisions for yourself...?
not securing mortage until a week before completion - we spend the full 9 months of the build not knowing if we actually had a house.
So what questions were you asking who through all this?

They changed our solitor with out letting us know- we only found this out as we heard nothing from the solicitors we was originally given.
No they did not 'change your solicitor'

we rang them when it was getting closer to completion to find out why we haven't heard anything- we was told that they was no longer our solitor. We had to then ring the develper to find out who it is.
so a new one was recommended and presumably sent you their terms of business which you accepted.

We didn't meet the solicitor or go through contract until 2 days before getting keys. (Idk if thats normal or not). We was his last appointment and it was rushed.
Many buyers use online solicitors and never meet them at all.

He talked about Restrictive Covenants but only mentioned things such as not having a caravan, work van or wanting to build sheds etc over 6 foot. Not that yoy couldn't make any changes to the front of the property - this even includes painting your front door! He also failed to mention that the convenants where for the life time of the property.
Though I imagine he gave you copies of the paperwork which you read through carefully so that you could ask questions about anything you did not understand yes?

We now want to move our back wall forward in to a bit of the front garden that is wasted space.
No idea how you can do this physically!

(This is part of our property with in our boundary.) it's not looking over anyone's proprty/ in sight of f anyone's property or blocking any paths/roads etc as it's on our land. It will give us about 10ft in length extra back garden. The developers have refused us to do this.
On what basis. Exacly what does the covenant say and exactly what doyou want to do?

We are planning on exstending the kitchen next year. In order for us to do this the wall would need moving. Can I ask where would we stand if we go a head and move the wall anyways..
Assuming it contravenes a covenant you could be forced to re-instate the original location of the wall(s).

Are they going to go to the lengths of taken us to court ect?
I've never met them and have no idea. So the answer must be: ..... maybe.

We put up a picket fence around the property when we moved in as we are on the edge of a close and we was having people trespass over my garden and drive to get in to the close - rather then walking around. We had people parking on our drive. We told the developer of the problems and asked if the would put a fence up ( the road opposite with thier houses on they provided a fence to them all but not outside). Tudy refused to help so we put one up ourself. We had is letter reminding us of the Restrictive Covenants abs asked us to tske it down which we haven't and we haven't heard anything since.
so what is your question?

. In the area people have broken all sorts of Restrictive Covenants- there is a huge caravan a few doors down, commercial vans everywhere and my next door neighbour is running a business from her house! That was deffently told as a big no no when buying the house. Yet she's running a nursery from her home which is causing us daily problems.
Does the developer (or whoever now benefits from the covenants) know?
Have you complained?
Has anyone?

Yet I cant move a wall which effects no one?
Well since you have apparantly brought the matter to the attention of the developer, they have chosen to enforce.
Your neighbour's business/caravan etc has presumably not been brought to the attention of the developer,
Can anyone give me any advice on where I stand.
an independent (of the developer!) solicitor.

This is causing me so much anxity. I feel trapped as we can't sell
because......?

and I don't want to.
Ah!

I just want to be able to make improvements to my house and help increase its value- after all who dosnt want a bigger bsck garden?
Owners who want a bigger.... wherever that space is being taken from (which I can't work out).

Could anyone help me with What my reply email should be when replying to thier no to moving the wall.

Impossible to advise without knowing exacly what the covenants say and exactly what you are planning to do.

Stevie1243

G_M
I thank you for your reply. I found it a little sarcastic and am sorry if my post dosnt come across well as I havent written on these things before so sorry it's not best written. To reply to what you say
No I wasn't recommened the solicitor as you claim. The solicitor fees was paid by the developer. You ask if I ever make decisions myself?? What a stupid question. I needed a mortgage advisor and they put you in touch with the guy. Yes they DID change our solicitor. The first one they gave us did not take on the mortage company we went with so they swapped us to the second silisitors they use. NO THEY DID NOT SENT US THEIR TERMS OF BUISNESS thank u (u like how u are phycic in all this). We rang original solicitors around 2 months before move in date to say we haven't heard anything from since they told us they was doing land checks. They told us they are no longer acting for us and have no idea who is. We then rang developers and thats when they told us new solicitor is acting on our behalf. Old solitors then sent over any work carried out.
NO we did not recive any paper work to read through.

We want to pay a builder to move the back brick wall (it's like our back fence) forward in to the front part of our land which is wasted and mot used. Developers state you can't make changes to the front of your property with out permission. We asked for permission they said no.

G_M

Well if you can show that the solicitors acted unprofessionally, and/or that their terms of business were never accepted (though by allowing them to Complete the purchase for you, you implicitly accepted them), you might have a case against the solicitors.

I find it hard to believe though that "we did not receive any paper work to read through."
If that is genuinely the case, the solicitors acted unprofessionaly and negligently.

da_rule

If no documents were received then I would question if you own the property as you would not have signed a contract or transfer deed (and as a new build, the transfer would probably have contained the covenant).

Stevie1243

Thank you smashavacado for replying. This is what iv found :
the right to erect up to the boundary of the adjoining land comprised in the estate. The property erected on or to be erected on the land here by transferred and the right of support from the said adjoining land for the walls and buildings of the property

(the part where we are wanting to move the wall isnt next to any land or persons garden or anything to do with the developer it's just a electric bricked unit (around 3 foot away from my property. The persons house further along at the opposite side of this small electrical substation unit has their garden wall further forward than us).

Next bit I found
Transferees convenants
.. Not with out the pervious consent in writing of the transferor
.. Erect or place any building, fences, hedged or any open plan front garden nor make any material alteration to landscape works

If I was made clear of this before hand I wouldn't have got the house or negotiated about things. Other people in the area have made changes to houses etc.

Stevie1243

Looking through the convents it clearly states about no caravans or buisness yet others are doing this. We are wanting to move the bsck wall further along mainly because of the women running a business from her house
last year we couldn't enjoy the bsck garden at all as she had all the children that was in her care screaming and shouting in the back garden. If we moved the wall we would be further away from it all

Stevie1243

Thank u again for your reply. It may be hard to understand to some but we are young, first time buyers. My mum has never owned her house and I didn't have anyone to help guide us to what seemed right. At the point of seeing the solicitor to signing contracts we was a matter of days before moving- keys exchanged etc at this point we had no house.. We was previously in rented acc. It's okay in hindsight to say we should have done this and that but surley they offer a duty of care to their buyers. Somthing as silly as painting your front door or having a hedge should be told to you from the off when they go through your land boundary etc at the sales office. How would I ever know somthing so silly wouldn't be alloud esp giving that the nature of the area has changed so much over the years and people have made adjustments to their houses over time. We just happen to be one of the first to do it in the newer area. I remmebr been sent about the land registry but was not sent details regarding convents.

OldMusicGuy

We have a house on a small development that was built 20 years ago. There are a lot of restrictive covenants, just like yours - no caravans, can't change your front door colour, must repaint the outside every 5 years etc. We received the document that contained all the covenants and discussed it with the solicitor (I have my original marked up copy), so if you genuinely never received this then your solicitors could well be at fault. A bit of Googling on restrictive covenants found this: "The potential liability for breach can be severe and costly. It is critical when buying a property, your solicitor properly advises you about any covenants on title which may affect your intended use of the property."

Regarding what happens when the covenants are broken, the agreement we have is with the developer, so it would be up to the developer to enforce the covenants in our case and I assume yours is probably similar. I would imagine that first the developers would request that you adhered to the covenants and if you did not do that, then they could take you to court.

The question then is how does the developers find out if the covenants are broken? In our case, there are three possible ways:

- The developer visits the site and finds out. In our case, once the site was completed, we never saw anyone from the developer again. They have never been back in 20 years.

- The property management company that maintains the common areas finds out and reports it to the developer. In our development, the shared areas (an access road and some landscaping) are maintained by a property management company appointed by the developer. Part of their responsibility could be to monitor any breaches of the covenants and report them to the developer. However, our property management company is so useless I can't imagine them doing that.

- Another resident complains to the developer that covenants are being broken.

So in your case, you have told the developers that you wanted to do something which they have said you can't. If you go ahead and do it, they may never know (unless they are still developing the site), but if they do find out you would definitely be at risk of legal proceedings.

Regarding the breaches by other residents, you could report them to the developer who would then (I presume) take some action. However, if you plan to breach a covenant, I think the other residents might be keen to report you.

We have had lots of minor breaches on our development (for example, I have repainted my front door a different colour, and most of the neighbours do not repaint the front of their houses every five years like they are supposed to). However, we all get on and no-one makes a fuss. But I think any major breaches would be frowned upon and probably discussed (before reporting them).

BobQ

We now want to move our back wall forward in to a bit of the front garden that is wasted space. (This is part of our property with in our boundary.) it's not looking over anyone's proprty/ in sight of f anyone's property or blocking any paths/roads etc as it's on our land. It will give us about 10ft in length extra back garden. The developers have refused us to do this.

I am bemused as to how moving your back wall forward to a bit of the front garden that is wasted space will increase the size of your back garden

AS I understand it you have a wall built by the builder of the house. This usually marks the border of the land you are buying. You wish to move it so as to increase the size of your property. It follows you are intending to build a new wall so as to make your land larger.

On what basis do you assume that the land outside of your current wall belongs to you? It may appear not to belong to anyone but it does. Does your title plan make clear if you own that land or are you just assuming this?