Restrictive Covenant

MattR1

Hello All,

We are currently in the process of purchasing a house with a Restrictive Covenant attached to it.
My Question is, do I need to inform anyone if I would like to put a gate at the end of my driveway as the driveway/house feels a little exposed to us currently? The driveway is not shared with anyone else and the gate would not be more than 1.5 meters high by maybe 3 meters wide.

Thank you for your input

Matt

stator

You don't normally need permission for a small fence and gate.

Restrictive Covenants can be anything. How old is it? Who has the 'benefit' of it? What does it say?

MattR1

stator said:

You don't normally need permission for a small fence and gate.

Restrictive Covenants can be anything. How old is it? Who has the 'benefit' of it? What does it say?

It states:
1 - Not to erect any building or erection whatsoever on the property without consent of vendor first obtained

So if I wanted to build a small brick post at the end of my drive to fit the other gate to, it looks like I would need to gain consent from the Vendor?

TELLIT01

I would just do it and not worry about it.  It's highly unlikely that anybody is going to  complain.  I doubt a gate post would be clased as an 'erection'.

Ectophile

That means you're not allowed to build a block of flats in the garden.  Garden gates are another matter.

Homer_home

MattR1 said:

stator said:

You don't normally need permission for a small fence and gate.

Restrictive Covenants can be anything. How old is it? Who has the 'benefit' of it? What does it say?

It states:
1 - Not to erect any building or erection whatsoever on the property without consent of vendor first obtained

So if I wanted to build a small brick post at the end of my drive to fit the other gate to, it looks like I would need to gain consent from the Vendor?

Just crack on

You dont need to go cap in hand to the vendor to ask permission for a security gate on a property you own

Is this a new build?

Do you even know who the vendor is?

MX5huggy

Depends on if it’s a new estate still under construction if it is the the developer is trying to ensure the estate looks good and doesn’t want people building stuff. If it’s all sold they won’t care.

MattR1

TELLIT01 said:

I would just do it and not worry about it.  It's highly unlikely that anybody is going to  complain.  I doubt a gate post would be clased as an 'erection'.

True, thanks for your input 

MattR1

Homer_home said:

MattR1 said:

stator said:

You don't normally need permission for a small fence and gate.

Restrictive Covenants can be anything. How old is it? Who has the 'benefit' of it? What does it say?

It states:
1 - Not to erect any building or erection whatsoever on the property without consent of vendor first obtained

So if I wanted to build a small brick post at the end of my drive to fit the other gate to, it looks like I would need to gain consent from the Vendor?

Just crack on

You dont need to go cap in hand to the vendor to ask permission for a security gate on a property you own

Is this a new build?

Do you even know who the vendor is?

Built in 1930 

Need to look into who Vendor is

Rosa_Damascena

MattR1 said:

Homer_home said:

MattR1 said:

stator said:

You don't normally need permission for a small fence and gate.

Restrictive Covenants can be anything. How old is it? Who has the 'benefit' of it? What does it say?

It states:
1 - Not to erect any building or erection whatsoever on the property without consent of vendor first obtained

So if I wanted to build a small brick post at the end of my drive to fit the other gate to, it looks like I would need to gain consent from the Vendor?

Just crack on

You dont need to go cap in hand to the vendor to ask permission for a security gate on a property you own

Is this a new build?

Do you even know who the vendor is?

Built in 1930 

Need to look into who Vendor is

Look into the possibility of buying the freehold. Then you can do what you like on the property.

stragglebod

Rosa_Damascena said:

MattR1 said:

Homer_home said:

MattR1 said:

stator said:

You don't normally need permission for a small fence and gate.

Restrictive Covenants can be anything. How old is it? Who has the 'benefit' of it? What does it say?

It states:
1 - Not to erect any building or erection whatsoever on the property without consent of vendor first obtained

So if I wanted to build a small brick post at the end of my drive to fit the other gate to, it looks like I would need to gain consent from the Vendor?

Just crack on

You dont need to go cap in hand to the vendor to ask permission for a security gate on a property you own

Is this a new build?

Do you even know who the vendor is?

Built in 1930 

Need to look into who Vendor is

Look into the possibility of buying the freehold. Then you can do what you like on the property.

I'm happy to be corrected if I'm wrong, but my understanding was that restrictive covenants could still apply to freehold properties. That wording would cover anything as minor as a gate post. The key question is: who was the original vendor, are they still around or have the covenant rights been transferred to anyone, and will anyone care?