Covenants David Wilson Home

ftbkt

We are currently in the legal process of buying a house built ten years ago in a David Wilson development.

Our solicitor sent us the TP1 form which was used for the transfer from the developer to the currentowner. We will be the second owners.

There is a list of covenants all of which we are happy with except one is really worrying us. The TP1 says covenants will be passed onto all subsequent owners indefinitely.

It says this:

Not without the consent of the Transferor in writing to the details thereof (as may be requested by the Transferor) and the payment to the Transferor of the proper fees of the Transferor its Surveyor and Solicitors in connection therewith:-

To carry out any additional landscaping or lighting works upon the Property with the exception of planting or sensored security lighting to any paths and parking area upon the property

Am I right in thinking then that ANY landscaping so patios, planting beds, we wish to add to the back garden would require written permission of the transferor (management company of the estate) and payment to request.

Surely not everyone on this new build estate has had to request everytime they want to do any form of additional landscaping in the garden?

The house is freehold but a management company are in charge of the estate and are responsible for deed of covenant

user1977

"Landscaping" does seem a vague term - it's not defined in the deed?

ftbkt

It is vague isn’t it, no it is not defined unfortunately which doesn’t help with the confusion.

by definition it’s altering the landscape in anyway, which just doesn’t seem right 

DE_612183

Normally it's another way of the management company making mo0ney - we had similar with Redrow - we wanted a side door put on our garage which was in our garden - they were happy to allow - but wanted £100 to produce a letter and deal with it.

user1977

ftbkt said:

Surely not everyone on this new build estate has had to request everytime they want to do any form of additional landscaping in the garden?

Well, what does it look like they've done? If the estate has been there for ten years you should get a fair idea of what is at least consented to (or simply has a blind eye turned to it).

Robin9

Is the development complete ?

Often such covenants  are there to ensure everything  is controlled during the  building phase - once complete they loose interest

ftbkt

user1977 said:

ftbkt said:

Surely not everyone on this new build estate has had to request everytime they want to do any form of additional landscaping in the garden?

Well, what does it look like they've done? If the estate has been there for ten years you should get a fair idea of what is at least consented to (or simply has a blind eye turned to it).

From what I can see people have altered the gardens yes 

ftbkt

Robin9 said:

Is the development complete ?

Often such covenants  are there to ensure everything  is controlled during the  building phase - once complete they loose interest

Development has been complete for about ten years 

Elliott.T123

Robin9 said:

Is the development complete ?

Often such covenants  are there to ensure everything  is controlled during the  building phase - once complete they loose interest

I would strongly suspect this is the case here. Especially if as you say other gardens have been altered.

If it your choice, personally unless I was planning on doing something wild I would just take the risk that no one is going to care. 

(I did actually take this exact risk and people did care enough to complain to the local council but the porch was under 3m so the council didn't care and no one cared enough to try and enforce the covenants)

gwynlas

Some developments are open plan so you cannot construct boundary fences but beyong that i do not think they could enforce what you grow by way of shrubs etc.

Hard lanscaping woud be building walls or widening driveways which they might have an issue with.

Ten years on it should be evident what neighbours are adhering to covenants

ftbkt

gwynlas said:

Some developments are open plan so you cannot construct boundary fences but beyong that i do not think they could enforce what you grow by way of shrubs etc.

Hard lanscaping woud be building walls or widening driveways which they might have an issue with.

Ten years on it should be evident what neighbours are adhering to covenants

Yes. The whole confusion really does come from what is defined as “landscaping”