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What happens with a lost covenant?
pulliptears
Posts: 14,583 Forumite
Recently found all the planning docs for our street online. Amongst them is a covenant that applied to our property only. When we purchased the house we had a list of covenants on the deeds but this particular one seems to have been lost over the years.
By weird quirk of fate we have abided by this missing covenant anyway, but what would happen if we ever moved?
By weird quirk of fate we have abided by this missing covenant anyway, but what would happen if we ever moved?
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Comments
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Anyone?
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You've referred both to covenants and planning docs. Are you actually talking about a planning condition?0
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You've referred both to covenants and planning docs. Are you actually talking about a planning condition?
Yes sorry, it's a planning condition.
Basically within the file (its all scanned in papers and I suspect a bulk is missing) the local wildlife trust requests a covenant is applied to the property. There is a reply from the builders confirming this will be added in there.0 -
It is mentioned on the Land Registry Office copy entries?
Ifso, and thee is no copy of the actual terms then any buyer might want an indemnity policy to cover the risk of your having broken it, and / or might ask you to provide detaisl of what it covers.
If it is not shown on the office copy entries then I don't *thuink* it would be binding, but your solicitor should be able to advice when you do come to sell.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
If it's a planning condition, check the LA Planning website.
Most are online, but if not an enquiry to the Planing Dept should eventually drag it out of thei paper store.0 -
The first I knew of it was in the planning info held online. It wasn't picked up in searched when we bought the property last year and the old owner who is a friend hadn't seen it either.
We had a load of conditions there in relation to fires and water discharge (we are near a main road) but not this one (bit of a weird one about mowing grass actually).
We aren't planning on selling but I was curious as to what it could mean in the future if we did.0 -
pulliptears wrote: »We aren't planning on selling but I was curious as to what it could mean in the future if we did.
Technically it's a problem for your buyers not you - they have to be comfortable buying the place with some paperwork missing - there's little you can do to make "lost" documents magically appear.
However, some types of buyer might be more likely to get spooked by this than others - first time buyers for example can often be more risk averse / less experienced/realistic than other buyers, so if your property is the sort of property suitable for FTBs, you might have to wait a little longer to find a buyer.
Otherwise it's the luck of the draw - some buyers will have a problem with this, some won't - it'll spook them no more or no less than (say) a tree protection order, a lack of building control approval on a loft conversion, no boiler safety certificate, an old consumer unit, wooden single glazed windows, etc etc etc0 -
The way the OP describes this it does not seem as if this will become an issue. Planning may show it as being a requirement but if it was never acted upon when the house was built there is no covenant to be lost or found.ReadingTim wrote: »Technically it's a problem for your buyers not you - they have to be comfortable buying the place with some paperwork missing - there's little you can do to make "lost" documents magically appear.0 -
Where I live, people breach planning conditions all the time; usually minor stuff like tree protection or this one of yours (sorry badgers), often more important stuff such as horrendous noise/vibration (or absence of vibration monitoring equipment during piling) or hours of heavy vehicle movement in our narrow lane,,
Sometimes we complain, but the Council doeasn't have the resources (staff or time) to enforce.
So don't fret0 -
Thanks all. Much appreciated.0
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