restrictive covenant deed fee farm grant, leasehold.

NatashaMcilveen

Well, buying a house is NEVER simple apparently. Who would have thought. After our initial bid, mortgage approval. We then find out the house is leasehold and under a covenant. Leasehold doesn't bother me (as it's in perpetuity. So there's no end date). We can buy the freehold, right?

But my issue is the restrictive covenant from '69.
Our solicitor says its fine and the risk is negligible but it just seems so weird.

"not without the consent in writing of the grantor to erect or build or  permit to be erected or built upon the premises hereby granted or any part thereof  any dwellinghouse, building, or other construction (whether of a temporary or permanent nature) other than the dwellinghouse, garage and offices and outoffices usually associated hereinbefore mentioned nor to make or permit to be made any exterior addition or alteration to such dwellinghouse or other building (or other construction as aforesaid) (if permitted) except in accordance with plans, elevation and specifications previously approved of by the grantor or its surveyor for the time being which conshall not be unreasonably withheld.

So, its a 4 page parchment of this, almost gibberish. Written and signed by people who are probably dead, if not nearly dead.

Can't have animals unless domestic pets, no fences, no alterations. The lot. No sheds all this nonsense. (even though the house does have a shed) Now, in the street. A few people have loft conversions (which is what we wanted to do down the line).  Is everyone in the street under this, am I insane to want to knock on a few doors and see their take?

I almost thought I was selling my soul and had to sign it in blood. It all seems a bit of a farce and naff if you ask me. The ground rent (since it's leasehold *heavy eyeroll* is a shilling, which, is 5p. Which has never been collected (though could be, potentially). All Im really looking here is peoples experiences preferably in Northern Ireland with 50 year old restrictive covenants. Is the negligible risk worth it? We love the house, the grounds around it. It's the area we wanted to move to but all this has made me feel like its another rental. I don't want to answer to anyone. Let alone my neighbours. The house needs a fair bit of TLC and do we need to get permission for this? Madness. Any advice is so welcomed.

qwert_yuiop

Surely if the rent has not been paid for many years ( if many is more than twelve) this constitutes notorious possession, and freehold has been obtained through squatter’s rights? ( Not a lawyer)

mjm3346

I would worry first about how long the lease is - obv if it's a 999 years one it doesn't really matter.