Restrictive covenants to buy or not to buy

user1977

CSI_Yorkshire said:

user1977 said:

Philomena78 said:

@sheramber

I just don’t want to ask my neighbour for their consent to put a washing line, a trampoline, a shed, or a tree.

You don't have to, from what you've quoted to us. Other than possibly a shed, depending if it's substantial enough to constitute "an outbuilding or other erection".

And no, it doesn't pose a risk to your lender's security.

I wouldn't be so sure.  There's not really a good, clear definition or either "outbuilding" or "other erection".

Planning suggests "outbuilding" includes sheds, greenhouses, playhouses, kennels, ponds(???), tennis courts, beehives...

If all of that could be covered by "outbuilding", I have no idea what would be included in "other erection".

It isn't a tree. Or a washing line. I don't see how it can be a trampoline unless it's some sort of permanent structure.

CSI_Yorkshire

Tree - I'm with you on that one.

"an erection" is in the dictionary as "a building or structure".
"structure" is in the dictionary as "something that has been made or built from parts"

That would suggest that both a trampoline and vertical (rotary) washing line could be "other erections".

I'm not saying that they are, just that from the vague and woolly terminology of the convenants we can't be sure that they are not.

Divorcing_Dad

House we’ve just completed on had 12 covenants from the 80’s mainly by the house building company… One of which I found amusing was that no caravans, motorhomes or speedboats are permitted on anyone’s drive or on the estate! Sure way of keeping one type of person from the estate. Another is that if you remove a shrub or tree, you must replace it somewhere else within your property with similar. It’s a lovely area and they are only trying to keep the estate to an appealing standard. 

I’ve been to some estates and it’s been quite the free for all on random looking extensions and out buildings… dare I say it, what was a lovely new build site (is there such a thing?) turned into something resembling a gypsy camp!

Most of the above is now deemed to be unenforceable.

They're normally setup before the roads become adopted. Once they become adopted, anything goes.

Frankly, I live on a beautiful cul-de-sac, most houses have a motorhome or caravan (some have a boat - we live by the coast). I'd say our house probably looks the worst, because our render is starting to crack and we have 3 cars outside right now, because we're looking to redevelop our drive so we can actually park on our land.

I mean, if you're a complete snob about these, I guess it's probably not the road for you, but having lived in all kinds of areas, this is by far the nicest road I've ever lived on and I'm a village dweller.

Philomena78

Dear all,

I just wanted to update you all on what we have decided as it is important to do so in this forum. We ended up exchanging on the house with completion next week. Thank you all for your contributions.  Our lawyer suggested that it is quite usual to see these covenants in our areas but that they are generally not enforceable. She argued that for peace of minds we should approach our neighbour in a year or so top ask for clarifying or removing the restrictions. While we were not so convinced, we decided to follow the advice. We have been trying to find a house for a year now and this process has impacted my mental health and wellbeing. All our things have been in storage which is really a disaster financially. We did this because we were originally selling and buying at the same time but our seller changed her mind about selling just before exchange. The thought of trying to find something else from a fresh was unbearable for me. All this, with the imminent possibility of moving house in a week,  the large garden and the proximity to the school convinced me to seal the deal. I suppose to save money you need stamina and patience and I believe I am short on both. Thanks everyone!

Postik

Congratulations.  I am a little late, but the way I read those covenants is that basically they didn't want you building a second house on the land, or creating a large outbuilding to use as a second home, office, etc.

Yes, there was the mention of "other erections" but I honestly take this to mean things like large flag poles, perhaps a huge pergola, etc.

To think that someone is going to take you to court over putting up a washing line or a trampoline, well I just don't believe it would happen because it would require too much effort, and for what gain to them?

I bought a newbuild and the list of covenants is ridiculous, covering bizzare things such as not keeping cattle and not hanging washing out the front, to more sensible things such as not being able to build over the driveway.  The covenants don't include anything that we'd want to do now or in the future, and the house is perfect for us.  If it's an issue for a future buyer we'll cross that bridge when we come to it.