Restrictive convenant

sarmia

We have just received the draft contract for a property we are buying and the deeds contain a covenant that you are not allowed to erect any building on the property without approval of the estate or its successors. We were not aware of this and there are already 2 small extensions from the 70s/80s on the house. House built early 60s. A lot of houses on the street have extensions and we are wanting to add a single storey extension to the rear. I dont want to build and then have to take it down. Who should we speak to. The solicitor hasnt given us anymore info.

SMR710

You could ask for an indemnity policy to be drawn up to protect against those buildings already up. You can try asking the seller to pay for it in the first instance. If you sell the property, you pass the policy to the new homeowners.
In terms of building your own extension against the covenant, you may find you do this at risk but if it's a 60s house (presuming freehold) and others have extensions, you would  probably be fine but you would be doing it at some risk if you cannot make contact for approval against the covenant.  Are you sure it doesn't say no buildings within a certain amount of time? Sometimes you find its just girl the first 2 or 5 years etc.
Good luck with your purchase.

davidmcn

Then talk to your solicitor and they'll give you more advice.

If nobody has been forced to tear down their extensions then it's likely nobody cares about the covenant or even has the right to enforce it.

sarmia

Thank you.
The solicitor has asked for an indemnity for the extensions already added but not said much more. We cant see any timescales on the deeds and have tried googling the estate and nothing comes up. I will speak with the solicitor again tomorrow and maybe the lady who lives opposite and had a huge extension last year. 
Thanks again

sarmia

https://app.duedil.com/company/gb/00352834/crouch-homes-limited
Looks like they dissolved in 1970s