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Restrictive Covenant On Land


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#1 ChrisS1

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Posted 04 September 2019 - 08:40 AM

Following on from the useful information Goose had regarding planning objections does anyone know the details regarding getting a restrictive covenant lifted?
 
My front garden has a restrictive covenant on it which says it can only used as a garden and not built on.
This is an old document and since it was imposed the houses surrounding me have changed.
 
This is what I've read;

To enforce a covenant, particularly against a successive land owner, the beneficiary will need to prove that the covenant ‘touches and concerns’ their land, i.e. it must affect their land and relate to its use, value or nature. If they can show the value of their land would be negatively affected by removing the covenant, they should be able to enforce it.

They must also prove that they are the owner of the land, that they are the beneficiary of the restrictive covenant, that the covenant was registered correctly and devised to protect the land, and that its burden was intended to be carried forward with the land.

The two houses that are mentioned in the covenant can't even see my front garden, so the small extension I've got in mind wouldn't impact on them at all.

So the question is how do I go about getting it lifted?
I'd assume knocking on the door and talking to them is the first step. Can I then just get them to sign something saying they have no objections to it being lifted then send it off to land registry? Is there a standard template?

Any advice greatly received.

Cheers

#2 SteveA

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Posted 04 September 2019 - 11:42 AM

I spoke to a solicitor about this a few years ago and the advice I was given is to speak to the developer who built your estate. If you can convince them it will not adversely affect others (share plans of proposal, drawings, photos etc.) they will charge you a small fee to waive the restriction. The covenant will still exist in perpetuity but there will be a noted exception to allow you to build. After that it doesn't make a difference what your neighbours do.


Edited by SteveA, 04 September 2019 - 11:44 AM.


#3 ChrisS1

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Posted 04 September 2019 - 12:20 PM

Thanks Steve.

 

It wasn't a developer who built house, it was a farmer for his daughter.

 

They are both long gone, and the residents in the two named houses on the covenant moved in well after this agreement was written.

I doubt the neighbours even know this covenant exists.

 

The bits I've read suggest that the covenant can only be upheld if they can prove that breach of it affects them (which it wouldn't).

I know one of the neighbours well and am sure he would sign something no problem. Don't know the others but cant see why they wouldn't.

 

The only thing that's giving me second thoughts is drawing their attention to something which they didn't even know about and causing myself potential issues for no reason.



#4 SteveA

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Posted 04 September 2019 - 02:51 PM

If I were you I'd lay my cards on the table upfront. People are much more likely to kick up a fuss if they think you have tried to be sneaky about it.



#5 jonnyboy

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Posted 04 September 2019 - 05:01 PM

If the covenant is on your propety only none of the neighbours would really know. We have one on my house dating back to the 70s that states we cant have a commercial vehicle of any kind on the property. No idea why. We just bought an insurance policy to protect us from any enforcement litigation. Obviously a bit different to deciding to develop but you might be able to get insurance?

#6 casino

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Posted 05 September 2019 - 07:17 AM

Interesting answer sir, the development we’re about to move to has the same restrictions on commercial vehicles parked on property. . No van with writing etc can be parked. Our gripe is to do with parking directly outside the front door on our plot. It’s down to this : parking on the front may attract a parking ticket if any part of the car hangs over the limit of our property. I always thought you could get whacked if your wheels breached the parking box, regardless of bodywork. Councils being councils, every penny pinching penny counts...

#7 slindborg

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Posted 05 September 2019 - 08:03 AM

We have covenants on ours stating no consrvatories, no sky dishes, no vans, no caravans etc... all from the developer.

 

I'd say 100% of the houses have atleast one of the restricted items if not more and its of no issue to anyone.

 

 

Buy some insurance for a few years, do your thang, fcuk em



#8 jonnyboy

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Posted 05 September 2019 - 08:21 AM

New builds like to charge people for sticking sky dishes on. I remember one of my first adult acts of rebellion was to tell a developer to swivel if they thought I was going to pay to put a shed and sky dish up on our first house. They never enforced it thankfully or I would have probably crapped myself. 



#9 C8RKH

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Posted 06 September 2019 - 08:35 PM

As you will be building I'd get some proper advice rather than the usual internet fuckwittery of "do your thang and fcuk them" :)

 

Why? Because if you ever want to sell your house the property search will uncover the breach of covenant and then you have no idea what might happen.  It's usually best to plan ahead.

 

But then, iot really is up to you and you could just fcuk 'em.  That seems to be the approach of most people these days anyway. But then at some point in the future you usually see them crying and whinging that life is not fair when it, you know, fcuks 'em right back!


Edited by C8RKH, 06 September 2019 - 08:37 PM.


#10 rabbidog

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Posted 07 September 2019 - 02:50 PM

I would Get some advice from a conveyancer before speaking to your neighbour(s).
There may well be an indemnity policy you can buy that will cover you (and buyers) if in the future your neighbours challenge the breach of covenant if u build.
Obviously an indemnity policy will not be an option/valid if it is proven that the person/body trying to enforce the covenant were aware of your plans prior to taking out the policy.

Edited by rabbidog, 07 September 2019 - 02:52 PM.


#11 ChrisS1

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Posted 09 September 2019 - 08:30 AM

Thanks for the advice everybody : chinky chinky:

#12 slindborg

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Posted 09 September 2019 - 08:53 AM

As you will be building I'd get some proper advice rather than the usual internet fuckwittery of "do your thang and fcuk them" :)

 

Why? Because if you ever want to sell your house the property search will uncover the breach of covenant and then you have no idea what might happen.  It's usually best to plan ahead.

 

But then, iot really is up to you and you could just fcuk 'em.  That seems to be the approach of most people these days anyway. But then at some point in the future you usually see them crying and whinging that life is not fair when it, you know, fcuks 'em right back!

 

Could have just called me a doodah and been done with it, but kudos for the verbose work



#13 ChrisS1

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Posted 09 September 2019 - 09:46 AM


As you will be building I'd get some proper advice rather than the usual internet fuckwittery of "do your thang and fcuk them" :)

Why? Because if you ever want to sell your house the property search will uncover the breach of covenant and then you have no idea what might happen. It's usually best to plan ahead.

But then, iot really is up to you and you could just fcuk 'em. That seems to be the approach of most people these days anyway. But then at some point in the future you usually see them crying and whinging that life is not fair when it, you know, fcuks 'em right back!


Could have just called me a doodah and been done with it, but kudos for the verbose work
:lol:

#14 FLD

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Posted 09 September 2019 - 11:54 AM

 

As you will be building I'd get some proper advice rather than the usual internet fuckwittery of "do your thang and fcuk them" :)

 

Why? Because if you ever want to sell your house the property search will uncover the breach of covenant and then you have no idea what might happen.  It's usually best to plan ahead.

 

But then, iot really is up to you and you could just fcuk 'em.  That seems to be the approach of most people these days anyway. But then at some point in the future you usually see them crying and whinging that life is not fair when it, you know, fcuks 'em right back!

 

Could have just called me a doodah and been done with it, but kudos for the verbose work

 

 

Everyone knows that already!  :D
 



#15 Dan r

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Posted 09 September 2019 - 04:20 PM

I tried to find out who owned or was responsible for the covenant on our house when a neighbour hired a planning agent to try and stop us doing work to our house. When I couldn't find the company responsible for it (original developer from the 50's had changed hands several times) I tried to get insurance, but they wouldn't insure me as I'd investigated it.
I ended up finding the company and they wrote a letter for free saying all covenants had been removed. Quite enjoyed posting that through their letter box.

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#16 ChrisS1

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Posted 11 September 2019 - 08:39 AM

thumbsup

Mine was agreed between two private parties (no companies involved as far as I'm aware). They have both long gone. Not sure how to go about tracking them down. Any ideas?

#17 Dan r

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Posted 11 September 2019 - 08:57 AM

I tried but failed, the planning agent happened to have done it for me my mentioning their name in the letter they sent to me.
This was all ten years back so can't remember v well tbh

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