Restrictive Covenants - does this cover an extension, as it's worded to read as outbuildings only?

MutleyUK

Hi,

I am looking at purchasing a house and have had my offer accepted.
During the conveyancing process, it has been smooth going with the exception of a very last minute raising of some restrictive covenants.

The text is below.  Can someone help reassure me whether or not the covenants prevent the building of an extension to the house at the rear (into the rear garden)?  I see the words "outbuilding" and take that to mean constructing an entire new structure separate to the house, rather than anything pertaining to a house extension.

The deed states the following restrictive covenant:

(28.07.1998) A Conveyance of the land in this title dated 20 June 1955

made between (1) (redacted) (the Company) and (2) (redacted) (the Purchaser)
contains the following covenants:-

"FOR the benefit and protection of the adjoining building estate of the

Company or any part or parts thereof and so as to bind the land hereby

conveyed the Purchaser hereby covenants with the Company that the

Purchaser and the Persons deriving title under him will at all times

hereafter observe and perform the restrictions and stipulations

contained in the Second Schedule hereto but so that the Purchaser shall

not be personally liable for any breach or non-observance thereof

occurring after he shall have parted with all interest in the property

in respect of which such breach or non-observance shall occur

THE SECOND SCHEDULE

(1) To maintain good and sufficient boundary fences along the whole

length of the frontage and side frontages (if any) and the sides and

rear of the land hereby conveyed where marked "T" within the boundary

on the said plan

(2) No outbuildings shall be erected upon the land otherwise than in

accordance with plans and elevations and of materials previously

approved by the Vendors and no such outbuildings shall be commenced

until the Vendors have given a Certificate in writing of such approval

(3) No dwellinghouse or other building erected on the land shall be

used for any purpose other than as a private dwellinghouse or as a

professional residence."

Thanks!

user1977

An extension isn't an outbuilding, it's part of the dwellinghouse. I'd usually expect to see some sort of restriction on alterations to the house too, but if there's nothing saying that then you're good to go.

MutleyUK

Thanks, I can also now see that the company is dissolved, and given there are no clauses about "company successors" or legal succession, I believe that the covenant can no longer be upheld either.