Restrictive covenant breach by previous owner

loub263

I am in the process of buying a property (probate sale) that had a brick built outbuilding constructed in the garden 15+ years ago. The restrictive covenants requires permission from land owner for the work and because it is a probate sale it is not clear whether this has been granted (or even requested). 

I'm fairly sure solicitors will advise an indemnity insurance which I think we are happy to accept. However, we wish to do further work to the property (garage conversion and internal renovation).

My question is, if we contact the land owner (a building company who began trading under a different name in the 1970s) to request permission to undertake this work after the indemnity insurance is in place are we invalidating the indemnity?

We would really like to adhere to the covenant if we can but don't want to undermine the indemnity insurance in the process.

Equally if we don't contact the land owner and go ahead with the work could we take out a further indemnity for this work?

Any thoughts/feedback would be amazing!

davidmcn

loub263 said:

the land owner (a building company who began trading under a different name in the 1970s) 

Did they merely change their trading name or are they actually a different company? If the only party who can enforce it is now dissolved, you've got even less to worry about than you currently do. And obviously the risk is pretty much zero - have you ever heard of a builder coming round decades after they built a house to complain about people's sheds etc?

Do the neighbouring properties give the impression that everybody's been diligently observing the covenants?

loub263

davidmcn said:

loub263 said:

the land owner (a building company who began trading under a different name in the 1970s) 

Did they merely change their trading name or are they actually a different company? If the only party who can enforce it is now dissolved, you've got even less to worry about than you currently do. And obviously the risk is pretty much zero - have you ever heard of a builder coming round decades after they built a house to complain about people's sheds etc?

Do the neighbouring properties give the impression that everybody's been diligently observing the covenants?

Neighbouring properties have sheds and some have extensions and conservatories.

I think they just changed their trading name.

unforeseen

Have a word with the neighbours

princeofpounds

Yes you will invalidate your indemnity.

If you do new work, then yes you can usually buy indemnity, but IIRC there is typically a waiting period of a year before you can do so, so you have to run a risk.

The risk is obviously pretty minimal if the company no longer exists or no longer has any interest in the site.

Nearlyold

Presuming the estate is all Freehold I can't see why the builders after 50 plus years would have any interest in what structures owners had added to their properties.