covenant - single dwelling house

oz0707

Wondering if anyone can help with a covenant restricting a piece of ground to one house only. The house appears to have sold in 1995, 1998 and 2006 however this covenant appears to have been drafted 1992. How watertight are these covenants usually? What would be grounds to remove them? I've done a bit of google-ing and it throws up a few guidelines but wonder if anyone here has some real life experience in the matter?

TIA

The following are details of the covenants contained in the Conveyance dated 16 April 1992 referred to in the Charges Register:-

"THE Purchaser hereby covenants with the Vendor and also as a separate covenant with every other person who is now the owner of any part of the Estate to the intent that the burden of this covenant may run with and bind the said Property and every part thereof into whosesoever hands the same may come and to the intent that the benefit thereof may be annexed to and run with the Establishment and the Estate and every part thereof as follows:-

       (a) That neither the said Property nor any part thereof shall be used
       for any noisy noxious or offensive trade business or for any purpose
       which may be or become a nuisance damage or annoyance to the Vendor or
       other the owners or occupiers for the time being of the Establishment
       and the Estate or any part thereof

       (b) Not to place any object or park any vehicles on the Estate Roads
       (including any portion of the Estate Roads within the curtilage of the
       said Property) so as to obstruct the Estate Roads or interfere with
       their use by the Vendor and others entitled to a right of way thereover

       (c) Not to use the building for the time being erected on the larger of
       the pieces of land forming the said Property for any purpose other than
       as or incidental to a single private dwellinghouse in one occupation
       only and not to allow the said Property to be used for any trade or
       business whatsoever

       (d) Not to discharge or cause or suffer to be discharged into the foul
       water drains or sewers (i) any effluent which will or may in any way
       injure or damage the same or (ii) any solid matter of any description
       which may settle and cause an obstruction therein

       (e) Not to remove alter damage or otherwise interfere in any way with
       any street lighting column cables or apparatus on over or under any
       part of the said Property

       (f) Not to erect any building or construction of whatever nature over
       any drains pipes sewers or cables running through or under the said
       Property

       (h) Not to erect or permit to be erected any building or other
       structure or erection whatsoever in the front part or garden of the
       said Property and/or facing and adjoining the Estate Roads nor to park
       or permit any vehicle to be parked thereon and in particular not to
       enclose or otherwise surround in whole or in part such part of the said
       Property with any hedge fence or wall but to keep the same open at all
       times and in a clean and tidy condition

       THE Purchaser hereby further covenants with the Vendor and also as a
       separate covenant with every other person who is now the owner of any
       part of the Estate to the intent that the benefit of this covenant may
       be annexed to and run with the Estate and each and every part thereof
       to maintain to the satisfaction of the Vendor the fence or wall on the
       side of the said Property marked 'T' within the boundary of the said
       Property on the plan

       THE Purchaser hereby further covenants with the Vendor to comply with
       any traffic signs on the Estate Roads

THE Purchaser hereby further covenants with the Vendor as follows:-

       (a) until the same shall be taken over by the appropriate Authority to
       pay a fair and reasonable proportion (the Vendor's assessment of which
       shall be final and binding on the Purchaser) of the cost to the Vendor
       of (i) cleaning repairing maintaining and renewing the Estate Roads and
       of providing and maintaining street lighting for the Estate and (ii)
       any charges by statutory undertakers in respect of adjoining the same

(b) to pay to the Vendor a fair and reasonable proprotion (the Vendor's assessment of which shall be final and binding on the Purchaser) of the cost of maintaining the open or grassed areas of land (including the mowing thereof) situate on the Estate".

Titus_Wadd

I can't offer an answer but our covenants refer to a "single dwelling house" but only in the sense that it isn't sub-divided into flats or part used for a business.  Are you thinking of building another house or annex for someone else to live in? Our house is only 6 years old and acquired this covenant from the main property (built in the 1930s): that the old house and grounds were only used as a "single dwelling".  This house's huge gardens have been split and new houses built on the separate parcels and each has the "single house" covenant when first registered with the Land Reg.

I'd ask your solicitor's opinion and also ask for details of the road maintenance costs and how they are calculated and charged going forward.

oz0707

Thanks for the reply. I'm going to read it again but I imagine the original intention would have been to restrict further dwellings as its a 3 bed semi not a large victorian pile. I'd be looking at another dwelling in the garden. It's already her permission many years ago but not built due to this covenant.

I've emailed the conveyancer I use see what they think...