covenants?

[zeberde]

My land registry section 2 (proprietorship register) states that: "The transfer to the proprietor contains a covenant to observe and perform coventants referred to in the chargs register and of indemnity in respect thereof." The charges register states that there are restrictive covenants. I would like to know if the covenants which i will mention shortly apply to my neighbours at either side of my property and if so how do i enforce them? The covenant i am eager to uphold is as follows: To maintain that portion of the property which lies between the building line of the building and the adjoining new road and footpath shown on the said plan as an ornamental garden and entrance driveway in accordance with the plan for landscape works and not to PARK ANY COMMERCIAL VEHICLE TRAILER OR CARAVAN THEREON. I would grately apprecialte any information and help anyone could offer me regarding whether or not i have a legal leg to stand on asking him to remove his caravan from his drive. Many thanks .

[buildersmate]

Such convenants are quite common on 'developer estates' built in the last 30 years. The convenant is generally demanded by the Local Authority on the Developer (who owned the land) as a condition for granting Planning Permission for the development. The developer passes the C onto the first owner and thus it continues. If your house was built at the same time as the others, it is 99% certain that they have a similar C. The way to be sure is to get a copy of their Land Registy file (�2 if downloaded off the LR site - so cheap enough). Enforcing it is another matter - perhaps try the 'did you realise that when the Development was designed, it was a condition that no ..... etc' approach.

[Eve]

If you click here
http://www.landregisteronline.gov.uk/
you can do a search to find the title number and get a copy of the title register of your neighbour's property (if you're not sure about the postcode check on www.royalmail.com).

If the covenant you want is there then it is a matter of having it enforced. Is the property leasehold? if so then there should be a section stating "the lessor's title is registered under title number xxx".

If you obtain a copy of that title number from the Land Registry the registered proprietor will be the Landlord and you could approach them. Their address will be on there too.

If you live on, for example, a new estate of houses it may be that you could have the same landlord.

Hope this helps :)

[Eve]

Just to clarify, it is for the person with the benefit of the covenant to enforce it or not.

If you're not sure or if the property is freehold let me know and I'll try and help you further.

[zeberde]

Thanks Jenna1978

I have applied for the title register which as you know details the owners name, address, date and price of purchase ect.

The property in question is freehold and rented out by the owner to a third party. (i am unsure if the owner uses a letting agent to manage the property for him)

It will be for my benefit that the covenent is enforced .

[Golden Shred]

Even if the covenant to which you refer is on your neighbour's Register it is of no direct use to you. You cannot enforce it. It is an undertaking between the developer and the purchaser only, not between adjacent purchasers. If your estate is not sold out then you can point out the breach to the developer in the hope that they will enforce it to keep the estate tidy until it is sold out, but after it is sold out the developer will not be interested in any way whatsoever. You can contact your Planning Department to enquire whether this was a condition by them applicable to the whole development, and, if so, whether the Enforcement Officer will take it on. If not, and the chance of a yes is very slender, then the only other remedy is Nuisance. Noise, blocking light, movement, people living in it, danger through concealment, danger through gas being stored in it, interference with rainwater disposal, loss of enjoyment of your own property plus 50 other things you can think of yourself all constitute legal nuisance. The Enforcement Officer may take an interest in this type of nuisance, if not then you are left only with appearing before your local court through a solicitor and counsel to plead for relief by an injunction to cease the nuisance.

[Golden Shred]

Your further information appeared whilst I was typing my answer, zeberde. Whilst you cannot enforce the covenant yourself, a craftily worded letter to the freeholder/letting agent pointing out their tenant's breach and the serious nuisance arising and wafting reference to an injunction if not voluntarily stopped might do the trick.

[Siamsal]

Our little estate had a covenant applied to all the properties (on the insistence of the planning authority) to the effect that all the woodwork must be dark brown. All went well for many years until the first el-cheapo replacement PVC windows appeared - white, of course. It looked dreadful when everyone else's were brown.

We contacted the planning authority, and the local council after that, and both said these covenants on deeds are unenforceable, and we should just forget it. Which we had to.

Why do they bother with them in the first place then?!

[Golden Shred]

As I have said above, these covenants are included by the estate developer for the sole purpose of keeping the estate neat, tidy and uniform in appearance until the last property is sold. Whilst the estate is being sold the developer will enforce them, when the last property is sold they are worthless.