Restrictive covenants enforceable?

[Deleted User]

Hi all,

I've been reading up on the enforceability of restrictive covenants and have been pretty overwhelmed with the comexity of all of this.

If I, along with all my immediate neighbours, own the freehold on their property, does this mean RC's aren't enforceable with regards to building an extension/conservatory as the people who built the house originally have no interest in the land and thus won't lose out financially by me erecting an extension?

Slithery

Deleted_User said:

If I, along with all my immediate neighbours, own the freehold on their property, does this mean RC's aren't enforceable with regards to building an extension/conservatory as the people who built the house originally have no interest in the land and thus won't lose out financially by me erecting an extension?

No, it doesn't. The covenants are still enforceable by the builder.

PollyWollyDoodle

Hang on - who mentioned fees?  

What the OP described is a perfectly normal state of affairs. Freehold property is frequently sold subject to restrictions and it woukd be almost impossible to get them removed. 

As with so many things, it depends. If the restriction is on parking a caravan in the drive for example, and the transfer was a long time ago and you can see your neighbours breaching it, it’s probably low risk. If it’s about building on the land it may be different. It’s not just the original builder who could enforce it, your neighbours may have inherited the benefit of the restriction and be able to enforce it. 

canaldumidi

Restrictive covenants on a freehold are pretty common, and hard to remove. Whether they can be enforced depends largely on what they are, and who has the benefit of them.

I have one which prohibits the sale of alcohol from my home (dating back 100 years or so). I've no idea who now has the benefit of the covenant, but if they popped up and proved they were the current beneficiary they could enforce it.

So - what is the exact wording of the covenant?

[Deleted User]

canaldumidi said:

Restrictive covenants on a freehold are pretty common, and hard to remove. Whether they can be enforced depends largely on what they are, and who has the benefit of them.

I have one which prohibits the sale of alcohol from my home (dating back 100 years or so). I've no idea who now has the benefit of the covenant, but if they popped up and proved they were the current beneficiary they could enforce it.

So - what is the exact wording of the covenant?

"No buildings or other erections shall be erected on the said land hereby conveyed until the plans elevations and specifications thereof have been approved of in writing by the vendor or his surveyor"

The people who owned it prior to who I bought it off had gas central heating installed and a conservatory built without approval of the house builder (wimpy homes) but the previous owner purchased an indemnity policy upon sale to me.

canaldumidi

Deleted_User said:

canaldumidi said:

Restrictive covenants on a freehold are pretty common, and hard to remove. Whether they can be enforced depends largely on what they are, and who has the benefit of them.

I have one which prohibits the sale of alcohol from my home (dating back 100 years or so). I've no idea who now has the benefit of the covenant, but if they popped up and proved they were the current beneficiary they could enforce it.

So - what is the exact wording of the covenant?

"No buildings or other erections shall be erected on the said land hereby conveyed until the plans elevations and specifications thereof have been approved of in writing by the vendor or his surveyor"

Context please to identify the original beneficiary/beneficiaries, and any inheritors of the benefit..

SandyShores

Our deeds have restrictive covenants but they also state that there is no scheme intended to be formed.  I understand a scheme is where the neighbours can also sue each other, not just the builder.  We live on a fairly new build estate and the builders don't really care about the covenants, as long as they don't impact on their ability to sell the properties still under construction i.e. if its not an eyesore for the estate they just agree them.  Its quite a lengthy, expensive process to go to court about covenants so I would think the builders would be unlikely to care once they've moved on and sold all the properties.