Restrictive Covenant

greatcrested

Yes normally covenants are tied to the land.

This is unusual. It appears to bind Mr X and no one ele.

davidmcn

DoaM said:

eidand said:

A bit unrelated to this but still on topic.
If the property is freehold doesn't that mean that  once you buy it, you own the land as well, in which case how on earth does a covenant even apply? I am sure I am missing something simple

Most new build houses come with restrictive covenants in the deeds (missives in Scotland)

No, the missives are the contract between buyer and seller, they're not where title conditions live.

DoaM

I must be confusing it with something else then ... I'm sure when we bought our property here 23 years ago the Missives mentioned such restrictions.

davidmcn

DoaM said:

I must be confusing it with something else then ... I'm sure when we bought our property here 23 years ago the Missives mentioned such restrictions.

If there are new conditions imposed as part of the sale (e.g. you're buying a newbuild) then it's possible the draft deed will be attached to the offer - but they're actually created by being in the separate deed and then being registered.

eidand

DoaM said:

eidand said:

A bit unrelated to this but still on topic.
If the property is freehold doesn't that mean that  once you buy it, you own the land as well, in which case how on earth does a covenant even apply? I am sure I am missing something simple

Most new build houses come with restrictive covenants in the deeds (missives in Scotland) that prevent freehold owners doing certain things ... e.g. erecting a wall around their front garden, fitting a Sky dish to the property frontage, parking work vans overnight, parking caravans on the estate, etc. These are for the benefit of the site developer so that the estate has a uniform appearance to it, which developers feel improves the sale-ability of the properties. Whilst a developer may not enforce such covenants, they can do. Once the estate is complete and the developer no longer has an interest then the covenants still exist but the beneficiary (developer) is often no longer concerned.

yes, that might apply to new builds, but we're talking about an old one, 1930. Not quite the same thing