Restrictive covenant/indemnity insurance/garden room 22 January at 9:01PM in In my home (includes DIY) MoneySaving 1 reply 149 views

Great_Speculator

My property has a restrictive covenant in the garden area that on the charges register on the title deed it states i can't construct any building over 6 feet high. 

I want to put in a garden room within permitted development - (under 2.5m high and 1m from any boundary),  but this is obviously over 6 feet. My questions are

Is this likely to be deemed "unreasonable" trying to restrict someone from even permitted developments not requiring planning permission?

I don't know who the beneficiaries are. The only person mentioned on the register is a vendor from 1920 (obviously no longer around) and the building company from 20 years ago.its a freehold and the building company are not involved since 20 years ago.

Can I get indemnity insurance prior to building the garden so I'm covered should after it's built someone with a grievance comes forward?

Thanks for any help

Doozergirl

Speak to your conveyancing solicitor.  The answer is yes, you can buy a policy (but you may need to have the building up for a year beforehand).  

The other thing is that the only entity that has any say in the covenant is the original  vendor named on the deeds.  If they don't exist then there's no need for a policy because no one can claim.  

But you will need your solicitor to cast an eye over the deeds to clarify for you.