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  • FIRST POST
    • Shufti
    • By Shufti 14th Jun 19, 3:11 PM
    • 3Posts
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    Shufti
    restrictive covenant
    • #1
    • 14th Jun 19, 3:11 PM
    restrictive covenant 14th Jun 19 at 3:11 PM
    I have a house with a holiday cottage in the garden. we want to sell of the holiday cottage but there is a restrictive covenant saying that we can't sell of part of the land. could we sell it on a 99 year lease or similar ?
Page 1
    • steampowered
    • By steampowered 14th Jun 19, 3:32 PM
    • 3,641 Posts
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    steampowered
    • #2
    • 14th Jun 19, 3:32 PM
    • #2
    • 14th Jun 19, 3:32 PM
    Please post the exact wording of the covenant. We can't read it from here !
    • davidmcn
    • By davidmcn 14th Jun 19, 3:47 PM
    • 13,124 Posts
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    davidmcn
    • #3
    • 14th Jun 19, 3:47 PM
    • #3
    • 14th Jun 19, 3:47 PM
    If whoever drafted it had any sense then I'd expect them to have excluded long leases too. But it depends what it says.
    • Shufti
    • By Shufti 14th Jun 19, 3:58 PM
    • 3 Posts
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    Shufti
    • #4
    • 14th Jun 19, 3:58 PM
    • #4
    • 14th Jun 19, 3:58 PM
    'Not to use any building other than as or incidental to a single private dwelling and the term 'incidental' includes without limitation use of any building erected or to be erected on the Property as separate living accommodation which is ancillary to the occupation of the main dwelling house PROVIDED ALWAYS that the use of all or any buildings on the property as holiday accommodation shall not be a breach of this covenant"

    we want to sell it off as a holiday cottage.
    • G_M
    • By G_M 14th Jun 19, 4:10 PM
    • 49,625 Posts
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    G_M
    • #5
    • 14th Jun 19, 4:10 PM
    • #5
    • 14th Jun 19, 4:10 PM
    I believe you could sell it as a holiday cottage, but would need toplace a similar restriction on the title such that every owner (in perpetuity, coul us it only as a holiday cottage, not as their main residence.

    The beneficiary of such a covenant would remain, I guess, yourselves and future ownersof your home, plus the current(and future) beneficiaries (whoever they are....).


    But you probably need advice from the solicitor you plan to use when you sell. Doubtless any buyer will query the covenant,so if your conveyancing solicitor is the one who draws up the covenant he'll be able to clarify/defend the wording if needed.
    • lincroft1710
    • By lincroft1710 14th Jun 19, 4:44 PM
    • 12,220 Posts
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    lincroft1710
    • #6
    • 14th Jun 19, 4:44 PM
    • #6
    • 14th Jun 19, 4:44 PM
    I would check the planning consent for the holiday cottage as that may have a similar restriction which would mean there is no way you could sell off the holiday cottage
    • G_M
    • By G_M 14th Jun 19, 5:16 PM
    • 49,625 Posts
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    G_M
    • #7
    • 14th Jun 19, 5:16 PM
    • #7
    • 14th Jun 19, 5:16 PM
    I'd assumed the OP had checked Planning as it's so obvious, but you're right to raise it.......
    • Shufti
    • By Shufti 15th Jun 19, 9:00 PM
    • 3 Posts
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    Shufti
    • #8
    • 15th Jun 19, 9:00 PM
    • #8
    • 15th Jun 19, 9:00 PM
    Thank you all for your very helpful advice.
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