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New Covenant- New build part 2
naynay
Posts: 52 Forumite
Yesterday phone call from EA. We pulled out hours before EofC having finally be told what a new Covenant 2018 was. This had been filed with Land Registry but for reasons unknown to me didn’t state the actual covenant wording. It turned out it was a no dwelling to be built on land.
Yesterday ES phoned to ask how our search was going and added that the Covenant didn’t cover the new house’s land cos it was a split plot.
Question: Does this ring true? If a plot is split does a covenant become void on any of that land? Covenant is very new & made by partners of people selling the new house who also helped build it.
Question: Does this ring true? If a plot is split does a covenant become void on any of that land? Covenant is very new & made by partners of people selling the new house who also helped build it.
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Comments
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Would be easier if you continued your existing thread rather than start a new one, but for the benefit of other readers you've already got a solicitor who has seen the titles and given you advice. It's perfectly feasible for a covenant to only cover part of a property, they don't however disappear in a puff of smoke when property is subdvidied. But without us actually seeing the titles I don't think we can give useful advice.0
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Presumbly your solicitor investigated the covenant and you pulled out based on that advice. A phonecall from the EA isnt going to change that.When a plot is split the new plots inherit any covenants of the original plot. However on your last sentence, why would the people building/selling the house create a covenant forbidding their own build? That makes no sense.0
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A seller. Thank you for your reply. We kept looking at it, when it was made, who the Covenant belonged to and haven’t managed to work it out either.Solicitor couldn’t explain it either.The new covenant says that no dwelling may be built on the land & was made just before building started. No problem from planners but obviously I now know building regs are not the same as covenants.
We thought it was very odd.Thank you for confirming law on split plot & covenant still standing.I just hope whoever is next, has a good conveyor.0 -
User1977. Thank you. Yes I will type it out. It may be helpful to others.
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