moved from law hope someone has been in the same situation

[maggie01]

Not sure if this is the right place but.
I am purchasing a house for which I have paid for the searches etc. I have been sent the contracts in readiness for exchanging but there is a clause which says only cats are allowed. If you want to keep a dog, you have to have the written permission of the builder. The property is 15yrs old and at no time did anyone mention this to me even though the agents and the owners of the house knew I had two shih-tzus.. If I am not allowed to take the dogs with me, which will mean I cannot go ahead with the sale. How do I stand with this money I have already paid out. Any advice please

[annie0000]

In most new build estates there are similar restrictions in the missives - usually things on pets, not keeping vans on driveways, not changing the colour of your front door etc. These are mainly there to ensure that the estate is orderly and peaceful while the builder is still selling property there. In practice however, most people do what they want after that initial period. Unless someone was to complain to the builders, lawyers or factors, there would not be an issue. Whilst technically you would be in breach of your missives, if you are not causing a problem, you would be very unlucky if someone was to complain and I am not sure how seriously they would take it and whether they wanted to risk taking you to court to remove the dogs from the property.

If I were you, I would ask your lawyer for his opinion - after all you are paying him - but in the end, I would go ahead and just be a good neighbour and enjoy your new home. It's not like you are breeding pit bulls in the back garden is it?

[maggie01]

Thanks you annie. I hadn't thought of that. Obviously when the house were built, I can understand the builders wanting the area to look the best they can to sell the houses. Hopefully after 15yrs it won't be a problem. My solicitor has written to the builders but you know how long letters take going backwards and forwards.

Cleversod it never occured to me there would be a restriction on a private sale. I understand that it would not be possible to keep a dog in a flat that was in a communial entry that's why I specifically told the agents I had dogs.

[CSG2306]

Hi Maggie,

You have a solicitor acting for you, why not make him earn his money and ask him, at least you will know how you stand.

Regards

CSG2306

[spottychops]

sod them, its an old clause, so take your fluffys and move in!!! i bet others havedogs

[maggie01]

Good News. Letter arrived today to say I can take the dogs and keep them for the rest of their lives. But have to get permission again if I want to get any other pets other than cats in the future.

[wolf63]

Being an animal lover I can't see why they would let you keep cats (sh*tting in the neighbours gardens etc) and not let you get another dog.

The law really is an ass.....

[spottychops]

wolf, u r a funny bloke!!!

did any one think this was a real thread? sooo funny!!!

well done maggie, my dad sells new houses and he nearly wet himself!!! well done on your wit he shouts

[maggie01]

spottychops. I can assure you this is a real thread
I am going through a divorce and not taking my dogs would have been the last straw.
It has been a real worry as I am due to move shortly
Glad I gave your dad a real laugh but believe me it was no laughing matter for me. It was odd but the truth

[alskingdom]

hi maggie, i hope you are in your house now with your dogs and that you have a stress free new year, i didn't think your question was funny, i myself bought a 32 year old house which has all sorts of annoying clauses. good luck.