Buying 1st house - contains restrictive covenant

Funqi

We're making a humble start with a small run down house in Durham that I can refurbish myself. I work as a general handyman with my brother and my step son.

Our offer has been accepted, so I've downloaded the summary of title and title plan. It contains a restrictive covenant, but doesn't say what it is (see below). 

Given where it is and that it was set by the National Coal Board, I'm guessing likely something that would prohibit digging for our own coal and general be good neighbours stuff. Since NCB ceased to exist 40 years ago, I guess it's never likely to be enoforced, but all the same I would like to know exactly what it says. Not that I ever plan to dig up the back yard looking for coal!

Can I just ask the agent if the current vendor has a copy of the deed of covenant? Or will I need to just leave it to the conveyancing solicitor? Ideally, I'd like to find out before I take that step.

Given the low market value of the house, I don't expect, nor am I fussed about any capital growth anyway, other than the value I may add to it by doing it up. I just expect to make it a decent home, but it would give us peace of mind to know we wouldn't have difficulty selling it in future, since we do expect to move again at some point.


1. A Conveyance of the land in this title dated 28 October 1973 made between (1) The National Coal Board and (2) Mr & Mrs XYZ contains restrictive covenants.

NOTE 1:-The matters contained in the Conveyance dated 21 July 1895 referred to do not necessitate additional entries in the register other than the entry below. ¬NOTE :-Copy filed.

2. If and so far as it is affected thereby, the land in this title is with other land subject to the payment (if demanded) of a proportionate part of an annual rent or sum of £2.12s.6 1/4d payable to The Ecclesiastical Commissioners for England mentioned in the Conveyance dated 21 July 1895.

SDLT_Geek

Funqi said:

We're making a humble start with a small run down house in Durham that I can refurbish myself. I work as a general handyman with my brother and my step son.

Our offer has been accepted, so I've downloaded the summary of title and title plan. It contains a restrictive covenant, but doesn't say what it is (see below). 

Given where it is and that it was set by the National Coal Board, I'm guessing likely something that would prohibit digging for our own coal and general be good neighbours stuff. Since NCB ceased to exist 40 years ago, I guess it's never likely to be enoforced, but all the same I would like to know exactly what it says. Not that I ever plan to dig up the back yard looking for coal!

Can I just ask the agent if the current vendor has a copy of the deed of covenant? Or will I need to just leave it to the conveyancing solicitor? Ideally, I'd like to find out before I take that step.

Given the low market value of the house, I don't expect, nor am I fussed about any capital growth anyway, other than the value I may add to it by doing it up. I just expect to make it a decent home, but it would give us peace of mind to know we wouldn't have difficulty selling it in future, since we do expect to move again at some point.


1. A Conveyance of the land in this title dated 28 October 1973 made between (1) The National Coal Board and (2) Mr & Mrs XYZ contains restrictive covenants.

NOTE 1:-The matters contained in the Conveyance dated 21 July 1895 referred to do not necessitate additional entries in the register other than the entry below. ¬NOTE :-Copy filed.

2. If and so far as it is affected thereby, the land in this title is with other land subject to the payment (if demanded) of a proportionate part of an annual rent or sum of £2.12s.6 1/4d payable to The Ecclesiastical Commissioners for England mentioned in the Conveyance dated 21 July 1895.

In the same way as "Note 1" for the 21 July 1895 conveyance refers to "copy filed", does it say anywhere that there is a "copy filed" of the 28 October 1973 conveyance?

Funqi

Thanks for the reply. 

No, no mention of "copy filed" for the 28 October 1973 conveyance. It does say elsewhere in the document:


COUNTY DURHAM The Freehold land shown edged with red on the
1
plan of the above title filed at the Registry and being [ADDRESS].
2
There are excluded from this registration the mines and minerals excepted by the Conveyance dated 28 October 1973 referred to in the Charges Register.
3
The Conveyance dated 28 October 1973 referred to above contains provisions as to light or air and boundary structures.

artyclarty

My last house was a former coal board terrace house just outside of Durham city, as was my parent's last propery. There was a mass selling off of all coal board properties at that time. The covenant from both of ours were from about the same(ish) time and then amended in the early 70s too. 

Honestly I didn't even consider it a red flag and was never brought up when selling on either properties (mine about a decade ago, my parents in the early 90s). Just part and parcel of living in a former mining area as far as we were concerned!

user1977

It'll contain whatever the NCB put in as standard covenants when they sold houses in 1973. I would be amazed if it contained anything surprising or particularly restrictive, so I suggest you press on with everything else in the meantime rather than fret about this.

Funqi

artyclarty said:

 Just part and parcel of living in a former mining area as far as we were concerned!

Yes, that's pretty much what we expected.
Thanks all so much for the replies. Durham here we come!

propertyrental

ypu can get a copy of the July 1895 conveyance as the Land Registry has a 'copy filed' by applying on form OC2 (£7 I think).

https://www.gov.uk/government/publications/official-copies-of-documents-registration-oc2

the oct 1973 does not say 'copy filed' so LR probably does not have a copy (though may have!), but as it also says

There are excluded from this registration the mines and minerals excepted by the Conveyance dated 28 October 1973 referred to in the Charges Register.

I think your interpretation is right and you only need worry if you  plan digging for (black) gold.

LHW99

The Ecclesiastical Commissioners for England

Suppose this doesn't involve Chancel repair liability? https://www.bbc.co.uk/news/uk-england-26373756

Funqi

Oh no!
Well, it does stipulate a figure of £2.12 per year, and I only have to pay my share of that, so I'm guessing I'm ok with that. Will get the solicitor to clarify anyway though, thanks!