Buying a property close to rail lines - anything to watch out for/clarify?

maxxpayne

Hi There,

We just got offer accepted in a lovely house (I caused some stir with my other thread on this) in north London and I just downloaded the title register and plan from land registry website to try to find out if there's anything interesting about the property. 

One thing that caught my attention is a number of restrictions placed on the property dating back to early 1930's, due to it being close to railway lines then owned by  London
Passenger Transport Board and I assume currently TfL. I'll list the restrictions below. 

I'm not an expert in reading this document but looks like there's a number of additive clauses, so the last one (number 4) is the most relevant.

I assume it's my solicitors responsibility to read all this and advice me accordingly - but are there specific things I should instruct my solicitor on? For example:

• Will there be an issue building an out house/home office/summer house at the back of the house which is closest to the rail lines?
• Will there be an issue if I wanted to create a garage?
• Will there be an issue if we wanted to do a ground floor extension or a loft extension?
  
• Anything else?
  

Thanks!

And for those who love this type of stuff...

1. The following are details of the covenants
   contained in the Transfer dated 21 December 1934
   referred to in the Charges Register:-
   "The purchaser to the intent and so as to bind (so
   far as practicable) the property hereby transferred
   into whosesoever hands the same may come and to
   benefit and protect the other parts of the said
   Whitehouse Farm Estate now vested in the Board
   or in purchasers from the Board but not so as to
   render the purchaser personally liable in damages
   for any breach of covenant committed after he shall
   have parted with all interest in the premises in
   respect of which such breach shall occur HEREBY
   COVENANTS with the Board to observe and
   perform the restrictions and stipulations set forth
   in the Second Schedule hereto.
   
   
2. (a) No house shall be erected upon the property
   hereby transferred which shall be of less prime cost
   for labour and materials than £500 and a minimum
   cubic capacity of 12,000 cubic feet.
   
   (b) No house erected upon the property hereby
   transferred shall be used for any other purpose
   than as a private dwelling house or the professional.
   residence of a solicitor Architect Medical
   Practitioner or Dentist but so that the purchaser
   shall be entitled to have upon the property hereby
   transferred temporary offices or sheds for use in
   connection with the development of the property
   hereby transferred and shall be entitled together
   with persons claiming title under him to carry on or
   permit any business connected with such
   development including that of an Estate Agent
   Auctioneer Surveyor and Mortgage or Insurance
   Broker or House Furnisher.
   
   (c) No house shall be erected upon the property
   hereby transferred otherwise than in accordance
   with specifications drawings plans and elevations
   reasonably previously approved by the Board's
   Estate Agent and no building shall be commenced
   upon the property hereby transferred until such
   Estate Agent shall have given a certificate in writing
   of such approval. The fees payable to the Board's
   Estate Agent shall be the sum of £5.5.0. for the
   reasonable approval of the plans specifications
   drawaings and elevation of any one type of house.
   No further certificates shall be required in respect
   of any house erected upon the property sold which
   shall be built in accordance with specifications
   drawings plans and elevations already approved by
   the Board's Estatae Agent."
   
   
3. (a) No house shall be erected upon that part of the
   property hereby transferred which lies to the west
   of the vendor's railway line which shall be of less
   prime cost for labour and materials than Five
   hundred pounds and a minimum cubic capacity of
   Twelve thousand cubic feet.
   (b) No house which has been or shall be erected
   upon the property hereby transferred shall be used
   for any other purpose than as a private
   dwelling house or the professional residence of a
   solicitor Architect Medical Practitioner or Dentist
   but so that the Purchaser shall be entitled to have
   upon the property hereby transferred temporary
   offices or sheds for use in connection with the
   development of the property hereby transferred
   and shall be entitled together with persons
   claiming title under him to carry on or permit any
   business connected with such development
   including that of an Estate Agent Auctioneer
   Surveyor and Mortgage or Insurance Brokeror
   House Furnisher.
   (c) No house shall be erected upon the property
   hereby transferred otherwise than in accordancae
   with specifications drawings plans and elevations
   reasonably previously approved by the Board's
   Estate Agent and no building shall be commenced
   upon the property hereby transferred until such
   Estate Agent shall have given a certificate in writing
   of such approval
   (d) The fee payable to the Board's Estate Agent
   shall be the sum of Five guineas for the reasonable
   approval of the plans specifications drawings and
   elevations of any one type of house and no further
   certificates shall be required in respect of any
   house erected on the property sold which shall be
   built in accordance with specifications drawings
   plans and elevations already approved by the
   Board's Estate Agent."
   
   
4. "The sub-purchaser to the intent and so as to bind
   (so far as practicable) the land hereby transferred
   into whosesoever hands the same may come and to
   benefit and protect the other parts of the
   Whitehouse Farm Estate (of which the land hereby
   transferred forms part) now vested in the Vendor
   the purchaser or in other purchasers from the
   vendor but not so as to render the sub-purchasers
   personally liable for damages for any breach of
   covenant after they shall have parted with all
   interest in the land in respect of which such breach
   shall occur hereby covenant with the vendor to
   observe and perform the following restrictions and
   stipulations:-
   (a) No houses shall be erected upon the land
   hereby transferred which shall be of less prime cost
   for labour and materials than Four hundred and
   twenty pounds and a minimum cubic capacity of
   ten thousand cubic feet
   (b) Proper boundary walls or substantial fences
   surrounding each plot upon the land hereby
   transferred shall be made and maintained by the
   sub-purchasers or its successors in title such walls
   or fences to be of such height and design as shall
   be reasonably prescribed by the vendor or his
   (c) No bricks or tiles shall at any time be made or
   burnt nor shall any clay or lime be burnt on the land
   hereby transferred nor shall any clay or gravel be
   dug thereout except such as may be necessary for
   the making of foundations and no operative
   machinery shall at any time be fixed or set thereon
   or in any building to be erected thereon except
   such as may be reasonably necessary for the
   execution of the said approved works.
   (d) No temporary buildings of any kind or caravans
   or huts on wheels or roundabouts shall at any time
   be erected or placed on the land hereby transferred
   other than sheds or workshops to be used only for
   the execution of the approved works or for works
   incidental to the erection of permanent buildings
   on the land hereby transferred.
   (e) No house erected upon the land hereby
   transferred shall be used for any other purpose
   than as a private dwellinghouse or the professional
   residence of a solicitor architect medical
   practitioner or dentist but so that the subpurchasers shall be entitled to have upon the land
   hereby transferred temporary offices for use in
   connection with the development of the land
   hereby transferred in manner herein provided and
   shall be entitled together with persons claiming
   title under them to carry or or permit any business
   connected with such development during the
   course thereof including that of Estate Agents
   Auctioneers Surveyors and Mortgage or Insurance
   Brokers or House Furnishers.
   (f) No placard poster or display board shall be
   erected or exhibited on the land hereby transferred
   save such as shall have been previously approved
   by the vendor's surveyor but so that no such
   placard poster or display board shall be larger than
   
   

 

youth_leader

When my husband died I had to sell my listed grade II railway station, on the live East Coast Main Line.  We lived there for twenty odd years and you get used to the trains very quickly, and miss them when they stop running in snow etc.

We were fully fenced, but only had the platform width of about five foot and the earth grass covered bank between us and the railway tracks.

I'm not sure how near your property is to the line, but the new station owner has been telling people he has been quoted £30K to stop the trains for a period so that scaffolding can be put up lineside and roofing works commenced lineside.

HillStreetBlues

A friend lived right by a railway line, it was a quiet line but when a train did come I found myself humming "In the middle of the House". there are certainly much worst noises than a train (my humming is one of them).

FreeBear

maxxpayne said:

4(d) No temporary buildings of any kind or caravans
or huts on wheels or roundabouts shall at any time
be erected or placed on the land hereby transferred
other than sheds or workshops to be used only for
the execution of the approved works or for works
incidental to the erection of permanent buildings
on the land hereby transferred.

This section of the covenant appears to exclude any shed or temporary structure (e.g. a summer house) to be erected now that the house has been completed. Your solicitor would be able to confirm.

One would suppose that you could make an application to TfL enclosing a fee of five guineas (£5.25 in modern money I think). Or you could just put the shed up and accept that you may be instructed to remove it at some point in the future (I suspect a very small risk).

Albermarle

I have a commuter ( and occasionally freight) line at the end of the garden. I do not remember it being mentioned in any of the paperwork when buying the house ( although it was a long time ago) or any restrictions/covenants.
I think though Network Rail have some statutory powers in case you have a massive tree causing problems, or something like that.
Noise wise, it still can be an issue if you are in the garden, but a minor one. 

Jaybee_16

Half my garden was owned by TfL and I paid an annual lease on the land. Increased in line with inflation annually.
Same situation all along the street.
Contract was similar to yours in relation to not erecting a shed or outbuilding but just about everybody in the street had a shed.
I lived there 38 years, Had TfL round twice to look at the trees but they weren't bothered about my shed or greenhouse. 
Trains were never a concern. The only time it was noticeable was Christmas Day or strike days when nothing ran.

Bookworm105

has your solicitor confirmed the Tf: has actually "inherited" the covenants given they date from the 1930s?

undoubtedly very relevant at the time the land was being developed to ensure that only the "right sort" could live on that land, but 90 years later almost certainly utterly irrelevant but all very quaint

maxxpayne

youth_leader said:

When my husband died I had to sell my listed grade II railway station, on the live East Coast Main Line.  We lived there for twenty odd years and you get used to the trains very quickly, and miss them when they stop running in snow etc.

We were fully fenced, but only had the platform width of about five foot and the earth grass covered bank between us and the railway tracks.

I'm not sure how near your property is to the line, but the new station owner has been telling people he has been quoted £30K to stop the trains for a period so that scaffolding can be put up lineside and roofing works commenced lineside.

The rail line is 40 feet away from the boundary and f the garden and the house is about 110 feet away. 

maxxpayne

Bookworm105 said:

has your solicitor confirmed the Tf: has actually "inherited" the covenants given they date from the 1930s?

undoubtedly very relevant at the time the land was being developed to ensure that only the "right sort" could live on that land, but 90 years later almost certainly utterly irrelevant but all very quaint

No, the solicitors haven’t confirmed anything yet. 

user1977

I can't see the railway being relevant to the covenants. If you're not even neighbouring the line, Network Rail (if they even have title to enforce the covenants) aren't going to care what you do.

maxxpayne

Jaybee_16 said:

Half my garden was owned by TfL and I paid an annual lease on the land. Increased in line with inflation annually.
Same situation all along the street.
Contract was similar to yours in relation to not erecting a shed or outbuilding but just about everybody in the street had a shed.
I lived there 38 years, Had TfL round twice to look at the trees but they weren't bothered about my shed or greenhouse. 
Trains were never a concern. The only time it was noticeable was Christmas Day or strike days when nothing ran.

How far was your property from the main line? Looks like ours would be 110 feet away from the house and about 40 feet from the garden fence.