Restrictive Covenant

EssexExile

stragglebod said:

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?

Yes, covenants still apply to freehold property.
The builder probably doesn't exist anymore, the original vendor probably isn't around anymore. If either are still about they probably won't care or even remember about the covenant. Just do it.

Rosa_Damascena

stragglebod said:

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?

Agreed, but ask yourself who is monitoring...? You'd have to hold a serious grudge to nosey into someone else's business for the sake of it so for all intents and purposes, ownership of the freehold manages risk. And of course offers much more freedom around the property itself. 

bris

Restrictive covenants are on the title deeds regardless of who owns them, they remain until removed. 

From 1930 you would need to check who, if anyone, is alive to enforce it. If so contact them and ask if they would be willing to allow the removal of the covenant. After this time it shouldn't be a problem. If no one can be found you can ask to have it removed, info online on how to do it.

It looks like it's not about fences and gates though just no buildings, a gate post isn't a building.

Ganga

The house that we live in and own has a purchasers covenant on that states you cannot build any boundary wall in front of the building line, the solicitor we used when purchasing the property explained it as you cannot put up a garden wall in front of the house as it was designed as open plan.

Homer_home

Again just crack on and stop worrying

The original vendor would be around 110 years old if they were still alive and I would be amazed if you could locate them

No one will care