Restrictive Covenants on a Non-New Build House

user1977

The covenants in a property sold in 2014 are going to be almost identical to those for a property sold in 2022 - the fact it's "non-newbuild" only changes the likelihood of them being enforced.

maton91

user1977 said:

The covenants in a property sold in 2014 are going to be almost identical to those for a property sold in 2022 - the fact it's "non-newbuild" only changes the likelihood of them being enforced.

True, it's only been 8x years. My query on this is it is likely that these covenants may only be in place for a short duration whilst the rest of the estate is sold, then when the developers have gone it's down to the freeholder to do as they please?

canaldumidi

Pointless speculating till you see the 2014 Transfer in question. Then come back and quote.

That will list the covenants as well as well as whether they are time-limited(unlikely).

You can apply to the LR for a copy by post for £7.

user1977

maton91 said:

user1977 said:

The covenants in a property sold in 2014 are going to be almost identical to those for a property sold in 2022 - the fact it's "non-newbuild" only changes the likelihood of them being enforced.

True, it's only been 8x years. My query on this is it is likely that these covenants may only be in place for a short duration whilst the rest of the estate is sold, then when the developers have gone it's down to the freeholder to do as they please?

They remain on the title, they may potentially be enforeable, but it becomes less likely as time goes on.

But I wouldn't get excited about them in any event.

Golden_Glow90

I know not all developments are the same but our house was built in 2014 too. It was a David Wilson Home and the restrictive covenants were only for a period of 5 years 

AFF8879

canaldumidi said:

Pointless speculating till you see the 2014 Transfer in question. Then come back and quote.

That will list the covenants as well as well as whether they are time-limited(unlikely).

You can apply to the LR for a copy by post for £7.

Why do you say unlikely? In my experience almost all covenants on new builds are time limited, why would the developers care whether you keep chickens, a caravan etc 10 years after they packed up and left site…

user1977

AFF8879 said:

canaldumidi said:

Pointless speculating till you see the 2014 Transfer in question. Then come back and quote.

That will list the covenants as well as well as whether they are time-limited(unlikely).

You can apply to the LR for a copy by post for £7.

Why do you say unlikely? In my experience almost all covenants on new builds are time limited, why would the developers care whether you keep chickens, a caravan etc 10 years after they packed up and left site…

It's very common for them not to have any explicit time limit, hence the numerous queries here on previous threads from people wondering whether they ought to worry about them being enforced. 

woodpeckerx

maton91 said:

I am awaiting this copy from my solicitor but in lieu of that, what are typical examples that would be listed?

No point in guessing, some towns even have schemes of management where you can't cut down a tree, can't change window styles, 50% frontage must be garden, there are all sorts of restrictions, just wait for the answer.

canaldumidi

AFF8879 said:

canaldumidi said:

Pointless speculating till you see the 2014 Transfer in question. Then come back and quote.

That will list the covenants as well as well as whether they are time-limited(unlikely).

You can apply to the LR for a copy by post for £7.

Why do you say unlikely? In my experience almost all covenants on new builds are time limited, why would the developers care whether you keep chickens, a caravan etc 10 years after they packed up and left site…

Well our experience differs!

As you say Developers dpn't tend to care longterm but can't be bothered to time-limit the covenants, partly because of the extra legal work involved (which has no benefit to them) and also because of the uncertainty of development / sales timescales at the point the covenants are drawn up.

But so far as the OP is concerned it's irrelevant. Either his covenant is time limited or it isn't, so until he reads and quotes it here the discussion is just an inconclusive intellectual excercise!

Section62

canaldumidi said:

AFF8879 said:

canaldumidi said:

Pointless speculating till you see the 2014 Transfer in question. Then come back and quote.

That will list the covenants as well as well as whether they are time-limited(unlikely).

You can apply to the LR for a copy by post for £7.

Why do you say unlikely? In my experience almost all covenants on new builds are time limited, why would the developers care whether you keep chickens, a caravan etc 10 years after they packed up and left site…

Well our experience differs!

Your experience matches my experience.  And having been involved in getting covenants included from a local authority perspective, we never made them time-limited.