How to locate the Covenantee regarding a restrictive covenant.

Heres_the_deal

I'm in the process of buying a house that I later wish to extend. There is a restrictive covenant that prohibits any modifications without seeking permission from the Covenantee ( usual clause in the Registered Title). The house was built in 1966 and the covenant was stipulated by the then land owner, the Marquess of Bristol. He has since died, so has his son, and the interest has since gone through several holding companies. I have tried in vain to locate where to gain permission without any luck.

Yes, I know. If I cant find them, then a) do they care about my extension, and b) about the many other extensions already built, along with the UPVC windows and various conservatories erected on the same street(s).  Trust me, I am a magnet to sods law, if is going to happen to anyone, it will happen to me - they (the Covenantee) will find me!!

So, can I track them down via other means, or take out an indemnity policy 12 months after I've built the extension and hope I don't get a man dressed like the Marquess of Bristol knock on my door in the meantime.

[Deleted User]

Perhaps ask these people?

https://www.bristolestates.co.uk/

AdrianC

I presume that would have been the 6th Marquess. He, and the 7th, are both dead, but the 8th Marquess is very much extant.
https://en.wikipedia.org/wiki/Frederick_Hervey,_8th_Marquess_of_Bristol

However, the 7th was... a "character"... and died almost penniless, so your 1966 covenant says absolutely nothing about whether the 8th Marquess is the current beneficiary of it. How could it? The beneficiaryness (is that a word? It should be) may have been sold off or otherwise passed elsewhere.

Do you know who the most recent holding company was?

The chances, of course, of anybody turning up waving the covenant are infinitessimal. The chances of the current beneficiary even knowing they are the beneficiary are as slim as the chances of them giving the first toss about your windows and extension. Which is precisely why an indemnity policy will cost about two shiny buttons - because they know they'll never have to pay out.

davidmcn

Heres_the_deal said:

He has since died, so has his son, and the interest has since gone through several holding companies. I have tried in vain to locate where to gain permission without any luck.

Might help if you shared your research with us and explain why the trail has gone cold.

Heres_the_deal

davidmcn said:

Heres_the_deal said:

He has since died, so has his son, and the interest has since gone through several holding companies. I have tried in vain to locate where to gain permission without any luck.

Might help if you shared your research with us and explain why the trail has gone cold.

I traced it to a company called Sleaford Investments Limited in Mauritius, that went dead, so I backtracked to a developer Pat Pateman & Son Limited (Now Barrett Homes), but they're unable to help.  I also tried as suggested above Bristol Estates. 

princeofpounds

Do what you want and buy yourself an indemnity policy. It is not wise to go poking bears when it comes to covenants like this - you may invalidate the option of an indemnity policy if you do actually notify them. The fact that there are extensions all over the street tells you that they haven't enforced for many years.

greatcrested

I definately agree you should not be poking the bear.

If you succeed in contacting someone/some company that then realises they are the covenantee and confirms this to you

a) they are then 90% more likely to enforce the covenant than if they'd not been made aware of it, plus

b) any indemnity insurance will probably be invalid (just as taking out health insurance after getting a cancer diagnosis would probably invalidate any claim for cancer care.)

Heres_the_deal

princeofpounds said:

Do what you want and buy yourself an indemnity policy. 

I was under the impression I could only obtain an indemnity policy for work the previous owner(s) had done, not for work I had done, or was going to do?

silvercar

Heres_the_deal said:

princeofpounds said:

Do what you want and buy yourself an indemnity policy. 

I was under the impression I could only obtain an indemnity policy for work the previous owner(s) had done, not for work I had done, or was going to do?

When you come to sell, your future buyer could buy an indemnity policy.

Heres_the_deal

silvercar said:

Heres_the_deal said:

princeofpounds said:

Do what you want and buy yourself an indemnity policy. 

I was under the impression I could only obtain an indemnity policy for work the previous owner(s) had done, not for work I had done, or was going to do?

When you come to sell, your future buyer could buy an indemnity policy.

I was more concerned about the comeback on me regarding the extension I was planning. Of course I could protect the next owner.

davidmcn

Heres_the_deal said:

silvercar said:

Heres_the_deal said:

princeofpounds said:

Do what you want and buy yourself an indemnity policy. 

I was under the impression I could only obtain an indemnity policy for work the previous owner(s) had done, not for work I had done, or was going to do?

When you come to sell, your future buyer could buy an indemnity policy.

I was more concerned about the comeback on me regarding the extension I was planning. Of course I could protect the next owner.

You think somebody's going to come visiting from their tax haven, be offended by your extension, and decide to start spending time and money making you remove it?