Question around restrictive covenants

vijayrao

We are in the process of a buying a 3-bed detached house in Wokingham. The property was built in 1977 and the Title has restrictive covenants( I have listed 2 which worries us ).

 1. Not to construct or place any additional building or other erection on the land transferred or make any external alteration inn or additions to the dwellinghouse erected or in course of erection thereon of the walls or fences thereof without the previous license in writing to the transferor and to pay to the transferor a fee of £2.10 for such license.

2. Not to use the garden ground on the land transferred for any purpose than as a private garden and to keep the same in a proper state of maintenance and upkeep.

 

We had 2 questions and wanted to see if someone can help?

               1. Is this simply a procedural step to let the transferor know in writing when we decide to do any extension and get a written approval from them or does these kinds of covenants restrict us from doing any extension to the property.

               2. The garden in the property is reasonably big and we plan to extend the property will the second clause mean we can’t extend?

Thanks

Browntoa

There's a good chance the covenant is not enforced. Look at Google earth and see how many of the nearest properties have extensions 

Section62

Browntoa said:

There's a good chance the covenant is not enforced. Look at Google earth and see how many of the nearest properties have extensions 

That won't really help work out whether the covenant will be enforced though - the other properties with extensions (if any) may have applied for the licence.

OP, if you obtain a licence in accordance with (1) then it follows that (2) wouldn't apply in respect of the extension, assuming the beneficiaries of the covenants are one and the same.

You do need to find out who (if anyone) the current beneficaries are.  Do the developers still exist?  Or was it a council/development corporation property?

user1977

vijayrao said:

We had 2 questions and wanted to see if someone can help?

Isn't your solicitor providing any advice? Have they just told you what the covenants are and left it to you to figure out whether they're a problem?

vijayrao

Our conveyancing solicitors are not providing any specific advise as they are saying they are not property lawyers and they don't work in this area. 

The current covenants beneficiaries are NATIONWIDE BUILDING SOCIETY of Nationwide

House, Pipers Way, Swindon L SN38 1NW.

kipsterno1

I had the same restriction on a house I bought. My solicitor explained as a way the developer could restrict the building of things that could be seen as anti social. His example, not mine, was say a pigeon loft.

When we extended I wrote to the developer who requested site of our plans and details of the external finish. Within a week had a letter of approval that I then stuck with my deeds.

My old neighbour on the other hand said I was a mug paying them £40 for nothing until he came to sell his house and the buyers solicitor to ask were the developers agreement for his extension was.

user1977

vijayrao said:

Our conveyancing solicitors are not providing any specific advise as they are saying they are not property lawyers and they don't work in this area.

What area do they think they work in then? I’ve never heard anything so absurd.

vijayrao

user1977 said:

vijayrao said:

Our conveyancing solicitors are not providing any specific advise as they are saying they are not property lawyers and they don't work in this area.

What area do they think they work in then? I’ve never heard anything so absurd.

I agree, I was not happy when the solicitors came back that they cant advise any further. Based on their response my understanding is that these could be a specific area and only a properly solicitors can help and that it wont be under the general conveyancing solicitor. 

user1977

vijayrao said:

user1977 said:

vijayrao said:

Our conveyancing solicitors are not providing any specific advise as they are saying they are not property lawyers and they don't work in this area.

What area do they think they work in then? I’ve never heard anything so absurd.

I agree, I was not happy when the solicitors came back that they cant advise any further. Based on their response my understanding is that these could be a specific area and only a properly solicitors can help and that it wont be under the general conveyancing solicitor. 

Conveyancing solicitor = property solicitor. This is basic stuff for them. Are they also acting for your mortgage lender? If so then presumably they are signing off (or not) on the title, including the covenants - if they can advise your lender whether or not it's ok, why can't they make any comment to you?