Wanting to ensure restrictive covenants are enforced!

Boa21

I would be interested on some expert opinion on this one.

Many, if not all, of the houses on our road and surrounding area sit on land that is subject to restrictive covenants. The key one is that only a single dwelling of a detached or semi-detached house can be built. Presumably to protect the character of the area?

Now, many of the houses and the Covenants themselves date from the early 1900's BUT the beneficiary of the covenants still exists as a company and has a managing agent.

A developer has submitted plans for a block of flats which we the residents are opposing. The managing agent has been a bit wooly about whether they would grant permission to build (presumably for money) and this would be a private commercial decision. He has though confirmed that the developer hasn't actually approached him for permission and I suspect the developer is unaware of any covenants - you have to get the 1906 and 1920 title deeds to see it.

My question really is can the residents do anything to 'stiffen' the resolve of the company to enforce the covenant if necessary?

One thought would be for all those of us in houses with said covenants take action to have them lifted on the basis that the company is no longer enforcing the covenants for the purpose originally intended i.e. to preserve the character of the development?

We are of course pursuing the other avenues of objecting to the plans.

Thanks in advance

davidmcn

I very much doubt that the developers haven't already checked out the titles before making their planning application.

Boa21

davidmcn said:

I very much doubt that the developers haven't already checked out the titles before making their planning application.

That might be true for a big outfit, but this seems to be a one man band. In any case, if you just ask for the title the current Land Registry Title Deed won't necessarily show the covenants on the Title Deeds from the initial land purchase in 1906. The on-line £3 deeds won't show it, you have to apply by post using from OC2 and state the dates you want (£7). Someone with a trading account with the Land Registry might be able to do it on line.

Land_Registry

Restrictive Covenants bind the land for the benefit of other land so the beneficiary is unlikely to be the just the original company who developed the site and imposed the covenants in each plot/land sale. 

If the site was say 40 plots and some extra land plus the bit to now be developed then you’ve potentially got 41 benefiting land owners who could each look to enforce the covenant(s). 

So yes check what’s registered and which land benefitted from them. Then you’ll have a better idea as to who can try to enforce them. Clearly if the Company still owns some of the benefiting land, wants to and is willing to enforce them then great. But if not other options may exist. 

The new developer would hopefully be aware of this but the planning authority don’t consider restrictive covenants as part of the planning process 

greatcrested

As explained above, there are two unrelated approaches:

* you can use the Planning process to object to the Planning Application, based on specific Planning grounds. These are not just "it will be ugly" or "we don't like it" but must be related to planning considerations - research these carefully and provide evidence when submitting an objection if you want the Planners to consider the objection seriously.

The Restrictive Covenant is not relevant for this.

* you can rely on the Restrictive Covenant (if you are a Beneficiary of it) to apply for an injunction in court to prevent construction. This is separate from the Planning process above.

Boa21

Thanks for the advice Land_Registry and Greatcrested (wildlife including the presence of newts is one of our objections :-))
The company that placed the Covenants no longer owns the land, but the Covenants were put in place at the time they sold each plot for the purpose of building a house (early 1900's). 

So although the land is owned by each of the householders, Freehold, the Covenants placed restrictions on what can be built. Plus some quirks about have an 18 inch brick course below the fence at the rear and no mining for flint!

Salemicus

There ought to be severe punishments for bad-faith objections to planning applications. If you don't care about the newts, and are concerned about the effect on your view, then objecting on the basis of the newts is an abuse.

Boa21

Salemicus said:

There ought to be severe punishments for bad-faith objections to planning applications. If you don't care about the newts, and are concerned about the effect on your view, then objecting on the basis of the newts is an abuse.

Nearly as severe as trying to build a block of flats on a wildlife haven - doesn't impact upon my view at all, but seriously degrades the local environment