restrictive covenant

Shufti

I have a house with a holiday cottage in the garden. we want to sell of the holiday cottage but there is a restrictive covenant saying that we can't sell of part of the land. could we sell it on a 99 year lease or similar ?

steampowered

Please post the exact wording of the covenant. We can't read it from here !

davidmcn

If whoever drafted it had any sense then I'd expect them to have excluded long leases too. But it depends what it says.

Shufti

'Not to use any building other than as or incidental to a single private dwelling and the term 'incidental' includes without limitation use of any building erected or to be erected on the Property as separate living accommodation which is ancillary to the occupation of the main dwelling house PROVIDED ALWAYS that the use of all or any buildings on the property as holiday accommodation shall not be a breach of this covenant"

we want to sell it off as a holiday cottage.

G_M

I believe you could sell it as a holiday cottage, but would need toplace a similar restriction on the title such that every owner (in perpetuity, coul us it only as a holiday cottage, not as their main residence.

The beneficiary of such a covenant would remain, I guess, yourselves and future ownersof your home, plus the current(and future) beneficiaries (whoever they are....).


But you probably need advice from the solicitor you plan to use when you sell. Doubtless any buyer will query the covenant,so if your conveyancing solicitor is the one who draws up the covenant he'll be able to clarify/defend the wording if needed.

lincroft1710

I would check the planning consent for the holiday cottage as that may have a similar restriction which would mean there is no way you could sell off the holiday cottage

G_M

I'd assumed the OP had checked Planning as it's so obvious, but you're right to raise it.......

Shufti

Thank you all for your very helpful advice.