TP1 Transfer Document query- Covenants.

x_gemms_x

Hiya, 
Not sure whether anyone can help me decipher this. 
The TP1 transfer doc on a freehold house I am buying was missing a page with the Land Reg. We have since found the page which has been forward to me. 
The House was built in 2004 by Taylor Woodrow (now part of Taylor Wimpey). This estate has been adopted by the Council so there is no Maintenance Company or Service Charge payable etc etc- Developer completed the estate and the Council took over the common areas.

The missing page was quite a crucial one as I felt it had info about covenants. The line that I am seeking a bit of guidance on by yourselves is as such: 

2: the restrictive covenants by the transferee shall cease to be binding between the transferee and the transferor but not as between the transferee and any other owner of any other owner of any part of the estate after the expiry of the restriction period. 

On the TP1 the Restriction period as defined on page 1 is 5 years from date of transfer which was in 2004.

Does this mean Restrictive Covenants have expired? 

As we had the missing page issue, My Solicitor raised enquiries at the time around some of the Restrictive covenants, including one about a satellite dish as the restrictive covenants mentioned not erecting or affixing a satellite dish to the walls of the property. The sellers removed the dish- but on sight of the missing page- did they need to? Had the covenant expired thus not requiring the removal of said dish? 

Under the heading of Restrictive Covenants I have attached the first paragraph, if anyone could help me decipher it?  Any help would be grateful. My Solicitor says Restrictive Covenants don't expire- but the wording makes me query if they indeed do? 

Many thanks in advance! 

greatcrested

2) above makes clear that the covenants are for the benefit of

a) the transferor (Taylor Woodrow now part of Taylor Wimpey) and

b) other owners on the Estate

After 5 years, a) above lapses and TW can no longer enforce the covenants. But b) still benefit and can enforce.

Whether any other owner would enforce is unknown. It's worth checking

* what the covenants are (eg no sat dishes) and

* whether other owners have ignored the covenants without issue (ie are there loads of sat dishes on the estate).

x_gemms_x

hiya, 
thanks for commenting. There are loads of satellite dishes in the estate on the properties.
My Sol is being a hard baller to make sure she covers her bases.
My main query is around putting a 1 metre fence up to the front of the property. The covenants say no fences as the estate is to be "open plan" but they built some houses with 1m high metal fences at the time of building which puzzles me!

greatcrested

Are the metal fences nearby or in another part of the Estate (where the covenants may be different)?

Have any owners near your property put up fences?

And anyway, how important is the fence to you and how expensive? You could always put it up and see what happens. Worst case, someone complains (you ignore, they back off/can't be bothered to pursue..) and you have to remove it. A gamble, but fences don't cost a fortune.

Unless, of course, the fence is a show-stopper for you and without it you would not want to live there.

moneysavinghero

x_gemms_x said:

hiya, 
thanks for commenting. There are loads of satellite dishes in the estate on the properties.
My Sol is being a hard baller to make sure she covers her bases.
My main query is around putting a 1 metre fence up to the front of the property. The covenants say no fences as the estate is to be "open plan" but they built some houses with 1m high metal fences at the time of building which puzzles me!

Do you mean they had fences around the building site when the houses were being built, which then got removed when the houses were finished?

x_gemms_x

greatcrested said:

Are the metal fences nearby or in another part of the Estate (where the covenants may be different)?

Have any owners near your property put up fences?

And anyway, how important is the fence to you and how expensive? You could always put it up and see what happens. Worst case, someone complains (you ignore, they back off/can't be bothered to pursue..) and you have to remove it. A gamble, but fences don't cost a fortune.

Unless, of course, the fence is a show-stopper for you and without it you would not want to live there.

Hiya, 
It's more of a security thing- I have dogs that I don't want running out into the street. One house has put up a wooden fence around the corner all around the outside of the property, the other fences are metal mostly with no gates, all similar in style so i expect went in with the houses when built, some houses have added gates to their metal fences though.
I wouldn't say it's a show stopper, more for peace of mind. Maybe i'll try a metal fence similar to other houses so it doesn't stick out!

x_gemms_x

moneysavinghero said:

x_gemms_x said:

hiya, 
thanks for commenting. There are loads of satellite dishes in the estate on the properties.
My Sol is being a hard baller to make sure she covers her bases.
My main query is around putting a 1 metre fence up to the front of the property. The covenants say no fences as the estate is to be "open plan" but they built some houses with 1m high metal fences at the time of building which puzzles me!

Do you mean they had fences around the building site when the houses were being built, which then got removed when the houses were finished?

Hiya, 
No I mean metal fences outside of some of the properties, 1m high all with a gap where the path to the front door is- although as mentioned above some houses have added a gate to theirs. Like metal railing fences you find at play parks etc. Hope that clarifies. 

Richard_Webster

Not just covenants about open plan nature of estate but could be planning conditions that could still be enforceable.

x_gemms_x

Richard_Webster said:

Not just covenants about open plan nature of estate but could be planning conditions that could still be enforceable.

Hiya, I have emailed the Local Council about permitted planning rights and restrictions for that property and am awaiting a response from them so I think i'm on it!
Many thanks!